0001| SENATE BILL 897 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MARK L. BOITANO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PROPERTY TAXATION; PROVIDING FOR PERSONS SIXTY-FIVE | 0012| YEARS OF AGE OR OLDER TO DEFER THE DATE THAT CERTAIN PROPERTY | 0013| TAXES ARE DUE; PROVIDING PENALTIES; AMENDING AND ENACTING | 0014| SECTIONS OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 7-38-20 NMSA 1978 (being Laws 1973, | 0018| Chapter 258, Section 60, as amended) is amended to read: | 0019| "7-38-20. COUNTY ASSESSOR AND DEPARTMENT TO MAIL NOTICES | 0020| OF VALUATION.-- | 0021| A. By April 1 of each year, the county assessor | 0022| shall mail a notice to each property owner informing him of the | 0023| net taxable value of his property that has been valued for | 0024| property taxation purposes by the assessor. | 0025| B. By May 1 of each year, the department shall mail | 0001| a notice to each property owner informing him of the net | 0002| taxable value of his property that has been valued for property | 0003| taxation purposes by the department. | 0004| C. Failure to receive the notice required by this | 0005| section does not invalidate the value set on the property, any | 0006| property tax based on that value or any subsequent procedure or | 0007| proceeding instituted for the collection of the tax. | 0008| D. The notice required by this section shall state: | 0009| (1) the property owner's name and address; | 0010| (2) the description or identification of the | 0011| property valued; | 0012| (3) the classification of the property valued; | 0013| (4) the value set on the property for property | 0014| taxation purposes; | 0015| (5) the tax ratio; | 0016| (6) the taxable value of the property; | 0017| (7) the amount of any exemptions allowed and a | 0018| statement of the net taxable value of the property after | 0019| deducting the exemptions; | 0020| (8) the allocations of net taxable values to | 0021| the governmental units; [and] | 0022| (9) briefly, the procedures for protesting the | 0023| value determined for property taxation purposes, | 0024| classification, allocation of values to governmental units or | 0025| denial of a claim for an exemption; and | 0001| (10) in large type and placed conspicuously on | 0002| the form, the eligibility requirements, procedures and deadline | 0003| for applying for a deferral of the date certain residential | 0004| property taxes are due, and shall include the following notice: | 0005| "NOTICE TO TAXPAYERS | 0006| OPTION TO DEFER PAYMENT OF PROPERTY TAXES | 0007| If you are sixty-five years of age or older and meet income | 0008| limitations and other requirements, New Mexico law entitles you | 0009| to DEFER PAYMENT of a portion of property taxes imposed on your | 0010| home in excess of five percent of your household income. To | 0011| get more information or apply for a tax deferral, see the | 0012| information below. | 0013| WARNING: DEFERRING TAXES WILL RESULT IN TAXES BECOMING | 0014| DUE UPON SALE OR TRANSFER OF YOUR HOME OR UPON YOUR DEATH.". | 0015| E. The county assessor may mail the valuation | 0016| notice required pursuant to Subsection A of this section to | 0017| taxpayers with the preceding tax year's property tax bills if | 0018| the net taxable value of the property has not changed since the | 0019| preceding taxable year. In this early mailing, the county | 0020| assessor shall provide clear notice to the taxpayer that the | 0021| valuation notice is for the succeeding tax year and that the | 0022| deadlines for protest of the value or classification of the | 0023| property apply to this mailing date." | 0024| Section 2. Section 7-38-31 NMSA 1978 (being Laws 1973, | 0025| Chapter 258, Section 71) is amended to read: | 0001| "7-38-31. COUNTY ASSESSOR TO CERTIFY NET TAXABLE VALUES | 0002| TO THE DEPARTMENT.--After receiving the values for property | 0003| taxation purposes certified to him by the department, the | 0004| county assessor shall determine the net taxable value for all | 0005| property allocated to governmental units in the county and | 0006| subject to valuation for property taxation purposes, whether | 0007| valued by him or by the department. No later than June 15 of | 0008| each year, the county assessor shall certify to the department | 0009| the net taxable values for all property allocated to | 0010| governmental units in the county and subject to property | 0011| taxation. The net taxable values of property shall be | 0012| certified according to governmental units within the county. | 0013| The assessor's certification shall include a statement of all | 0014| property valuations that are the subject of a pending protest, | 0015| whether protested locally or to the department, [and] a | 0016| statement of the uncontroverted valuation in the pending | 0017| protests and property valuations of property for which the | 0018| property tax due date has been deferred pursuant to Section | 0019| 7-38-38.3 NMSA 1978." | 0020| Section 3. Section 7-38-32 NMSA 1978 (being Laws 1973, | 0021| Chapter 258, Section 72, as amended) is amended to read: | 0022| "7-38-32. DEPARTMENT TO PREPARE A COMPILATION OF NET | 0023| TAXABLE VALUES TO BE USED FOR BUDGET-MAKING AND RATE-SETTING.-- | 0024| A. No later than June 30 of each year, the | 0025| department shall prepare a compilation of all net taxable | 0001| values certified to it by the county assessors and shall | 0002| include in the compilation the information regarding protested | 0003| values required to be furnished by the assessors to the | 0004| department and the net taxable values of property for which | 0005| the tax due date has been deferred pursuant to Section 7-38- | 0006| 38.3 NMSA 1978. The compilation shall be prepared in a form | 0007| appropriate for use and shall be used for the purpose of making | 0008| budgets. The compilation of net taxable values shall be sent | 0009| immediately to the secretary of finance and administration. | 0010| B. No later than August 1 of each year, the | 0011| department shall prepare an amended compilation of net taxable | 0012| values and send it immediately to the secretary of finance and | 0013| administration. This amended compilation shall include final | 0014| valuations resulting from completed protests and information on | 0015| pending protests and deletion of net taxable values of | 0016| property for which the tax due date has been deferred. It | 0017| shall be used by the department of finance and administration | 0018| in setting | 0019| property tax rates. | 0020| C. In the budget-making process for local units of | 0021| government including school districts, the net taxable values | 0022| from the immediately preceding tax year may be considered for | 0023| the purpose of estimating available revenue from the current | 0024| tax year when the compilation of net taxable values certified | 0025| under Subsection A of this section is incomplete or | 0001| indefinite due to pending protests." | 0002| Section 4. Section 7-38-35 NMSA 1978 (being Laws 1973, | 0003| Chapter 258, Section 75, as amended) is amended to read: | 0004| "7-38-35. PREPARATION OF PROPERTY TAX SCHEDULE BY | 0005| ASSESSOR.-- | 0006| A. After receipt of the rate-setting order and the | 0007| order imposing the tax, but no later than October 1 of each tax | 0008| year, the county assessor shall prepare a property tax schedule | 0009| for all property subject to property taxation in the county. | 0010| This schedule shall be in a form and contain the information | 0011| required by regulations of the [division] department and | 0012| shall contain at least the following information: | 0013| (1) the description of the property taxed and, | 0014| if the property is personal property, its location; | 0015| (2) the property owner's name and address and | 0016| the name and address of any person other than the owner to whom | 0017| the tax bill is to be sent; | 0018| (3) the classification of the property; | 0019| (4) the value of the property determined for | 0020| property taxation purposes; | 0021| (5) the tax ratio; | 0022| (6) the taxable value of the property; | 0023| (7) the amount of any exemption allowed and a | 0024| statement of the net taxable value of the property after | 0025| deducting the exemption; | 0001| (8) the allocations of net taxable value to | 0002| the governmental units; | 0003| (9) the tax rate in dollars per thousand of | 0004| net taxable value for all taxes imposed on the property; | 0005| (10) the amount of taxes due on the described | 0006| property; [and] | 0007| (11) the amount of any penalties and interest | 0008| already imposed and due on the described property; and | 0009| (12) the amount of taxes deferred, if any. | 0010| B. The property tax schedule is a public record and | 0011| a part of the valuation records." | 0012| Section 5. Section 7-38-37 NMSA 1978 (being Laws 1973, | 0013| Chapter 258, Section 77, as amended) is amended to read: | 0014| "7-38-37. CONTENTS OF PROPERTY TAX BILL.--Each property | 0015| tax bill shall be in a form and contain the information | 0016| required by regulations of the department and shall contain at | 0017| least the following: | 0018| A. all of the information required to be contained | 0019| in the property tax schedule; | 0020| B. the amount of property taxes due on each | 0021| installment, the due dates of the installments and the dates on | 0022| which taxes become delinquent; | 0023| C. a brief statement of the option available to | 0024| make prepayments of the property tax due pursuant to Section | 0025| 7-38-38.2 NMSA 1978; | 0001| D. a brief statement of the procedure under Section | 0002| 7-38-39 NMSA 1978 for protesting values for property taxation | 0003| purposes, classification, allocation of values to governmental | 0004| units or a denial of a claim for an exemption; | 0005| E. a statement of the interest and penalties | 0006| imposed by law for delinquency in the payment of property taxes | 0007| and the remedies available against the taxpayer and the | 0008| property for nonpayment of the amount due; | 0009| F. a statement advising the property owner that the | 0010| property tax bill is the only notice he will receive for | 0011| payment of both installments of the tax if no separate notice | 0012| will be sent with respect to the second installment; [and] | 0013| G. the amount of any prepayment of the first | 0014| installment made pursuant to Section 7-38-38.2 NMSA 1978; and | 0015| H. the actual amount of property taxes deferred | 0016| pursuant to Section 7-38-38.3 NMSA 1978 for the current tax | 0017| year and the accrued amount of all property taxes deferred from | 0018| all tax years." | 0019| Section 6. A new section of the Property Tax Code, | 0020| Section 7-38-38.3 NMSA 1978, is enacted to read: | 0021| "7-38-38.3. [NEW MATERIAL] DEFERRAL OF PROPERTY | 0022| TAX DUE DATE--ELIGIBILITY.-- | 0023| A. Each property tax year a claimant is entitled to | 0024| apply for and the county treasurer may grant a deferral of the | 0025| date on which some portion of the property taxes are due on the | 0001| residential property that is the claimant's primary residence. | 0002| A claimant may defer some or all of that portion of the | 0003| property tax due on the claimant's primary residence in excess | 0004| of five percent of the claimant's modified gross income for the | 0005| taxable year immediately prior to the property tax year for | 0006| which the deferral is being claimed. | 0007| B. When two or more individuals are qualified as | 0008| claimants for one primary residence, they shall determine who | 0009| the claimant shall be. The department shall prescribe the | 0010| manner in which a claimant, who for any reason is | 0011| incapacitated, may appoint the claimant's spouse or an | 0012| authorized agent or have any such person appointed for the | 0013| claimant, for the purpose of claiming a deferral of the date | 0014| property taxes are due pursuant to this section. | 0015| C. Property taxes deferred pursuant to this section | 0016| shall be due on November 10 of the year in which the first of | 0017| any of the following events occurs, unless the event occurs | 0018| after October 1, and in that case the deferred property taxes | 0019| shall be due on April 10 of the following year: | 0020| (1) the claimant ceases to occupy the | 0021| residential property as his primary residence or sells or | 0022| otherwise disposes of that primary residence; | 0023| (2) the claimant dies; provided that if the | 0024| surviving spouse or a joint tenant with rights of survivorship | 0025| owning and occupying the primary residence and eligible to | 0001| defer property taxes due pursuant to this section continues to | 0002| own and occupy the residential property as that person's | 0003| primary residence and chooses to claim a deferral of the date | 0004| the deferred property taxes are due, then the deferred amounts | 0005| shall not be due until that claimant dies or ceases to occupy | 0006| the primary residence; or | 0007| (3) the county treasurer determines that | 0008| deferral was erroneously allowed because eligibility | 0009| requirements were not met. | 0010| D. As used in this section: | 0011| (1) "claimant" means an individual who is | 0012| sixty-five years of age or older on the last day of the | 0013| applicable tax year, who is an owner and occupant of | 0014| residential property that is his primary residence on the last | 0015| day of the applicable tax year and whose modified gross income | 0016| does not exceed one hundred twenty-five percent of the poverty | 0017| level for the claimant's household size; | 0018| (2) "modified gross income" means modified | 0019| gross income as defined in the Income Tax Act; and | 0020| (3) "poverty level" means the official federal | 0021| poverty guidelines published annually by the federal department | 0022| of health and human services." | 0023| Section 7. A new section of the Property Tax Code, | 0024| Section 7-38-38.4 NMSA 1978, is enacted to read: | 0025| "7-38-38.4. [NEW MATERIAL] PROPERTY TAX DEFERRAL-- | 0001| APPLICATION--CERTIFICATION--COLLECTION OF TAXES.-- | 0002| A. To make application for a property tax deferral | 0003| authorized pursuant to Section 7-38-38.3 NMSA 1978, a claimant | 0004| shall file an application for deferral on or before June 1 of | 0005| the tax year in which the property taxes are imposed. | 0006| Application shall be made at the office of the county | 0007| treasurer. The department shall provide for uniform application | 0008| forms and procedures. | 0009| B. If deferral is granted by the county treasurer, | 0010| the county treasurer shall issue to the claimant a certificate | 0011| of deferral and shall provide a listing of such certificates of | 0012| deferral in force for the property tax year by July 1 to each | 0013| governmental unit that has imposed a property tax on the | 0014| primary residences of such claimants. | 0015| C. The certificate of deferral shall state the | 0016| amount of tax estimated to be deferred and shall provide clear | 0017| notice that the exact amount of tax deferred will be stated on | 0018| the property tax bill mailed to the claimant after October 1 of | 0019| the tax year. | 0020| D. If the claimant's property taxes are paid by a | 0021| lender from an escrow account or other similar account, the | 0022| county treasurer shall mail a copy of the certificate of | 0023| deferral to the lender. | 0024| E. All or part of the taxes deferred pursuant to | 0025| Section 7-38-38.3 NMSA 1978 may be paid at any time prior to | 0001| the due date to the county treasurer by the claimant or any | 0002| person on behalf of the claimant. | 0003| F. When any taxes deferred pursuant to Section | 0004| 7-38-38.3 NMSA 1978 are collected, the county treasurer shall | 0005| maintain a record of the payment, a description of the property | 0006| and the amount of taxes collected for the property. The county | 0007| treasurer shall apportion and distribute the receipts from the | 0008| property taxes collected to the applicable governmental units | 0009| as provided by law and in accordance with the provisions of the | 0010| Property Tax Code." | 0011| Section 8. A new section of the Property Tax Code, | 0012| Section 7-38-38.5 NMSA 1978, is enacted to read: | 0013| "7-38-38.5. [NEW MATERIAL] PROPERTY TAX DEFERRAL-- | 0014| EFFECT OF DEFERRAL ON OBLIGATION OF BORROWER TO LENDER-- | 0015| EXCEPTIONS--REFUND.-- | 0016| A. The deferral of property taxes pursuant to | 0017| Section 7-38-38.3 NMSA 1978 shall not affect the obligation of | 0018| a borrower to continue to make payments to a lender for deposit | 0019| in an escrow account or other similar account that is | 0020| established for payment of property taxes prior to January 1, | 0021| 1998. | 0022| B. Any payments made by the borrower to an escrow | 0023| account or other similar type of account with regard to taxes | 0024| for the tax year prior to the time of submission of the | 0025| certificate of deferral to the lender, if not previously used | 0001| in payment or partial payment of such taxes, shall be refunded | 0002| to the borrower within thirty days after receipt of notice of | 0003| the tax due date deferral." | 0004| Section 9. A new section of the Property Tax Code, | 0005| Section 7-38-38.6 NMSA 1978, is enacted to read: | 0006| "7-38-38.6. [NEW MATERIAL] PROPERTY TAX DEFERRAL-- | 0007| NOTICE--PENALTIES.-- | 0008| A. The claimant or, if the claimant is | 0009| incapacitated, the claimant's agent appointed pursuant to | 0010| Subsection B of Section 7-38-38.3 NMSA 1978 shall notify the | 0011| county treasurer within thirty days of the date of a change in | 0012| the claimant's primary place of residence or the sale of the | 0013| claimant's primary place of residence. | 0014| B. Upon the death of a claimant, the personal | 0015| representative of the claimant shall notify the county | 0016| treasurer of the death no later than thirty days after the | 0017| claimant's death. | 0018| C. Any person who intentionally refuses to provide | 0019| notice as required under Subsection A or B of this section is | 0020| guilty of a misdemeanor and shall be punished by the imposition | 0021| of a fine of not more than one thousand dollars ($1,000). | 0022| D. Any person who intentionally refuses to provide | 0023| notice as required under Subsection A or B of this section with | 0024| the intent to defraud is liable for a civil penalty in an | 0025| amount equal to twenty-five percent of the deferred property | 0001| taxes due or two thousand dollars ($2,000), whichever is | 0002| greater. | 0003| E. The civil penalties authorized under this | 0004| section shall be imposed and collected at the time and in the | 0005| manner the deferred property taxes are collected." | 0006| Section 10. A new section of the Property Tax Code, | 0007| Section 7-38-38.7 NMSA 1978, is enacted to read: | 0008| "7-38-38.7. [NEW MATERIAL] PROPERTY TAX DEFERRAL-- | 0009| PROTEST--REMEDY.-- | 0010| A. After receiving his property tax bill and making | 0011| payment prior to the delinquency date of all property taxes due | 0012| and not deferred in accordance with the bill, a claimant may | 0013| protest to the county treasurer the stated amount of property | 0014| tax deferred for that tax year or the stated total amount of | 0015| accrued property taxes deferred. | 0016| B. Upon the due date of deferred property taxes and | 0017| payment prior to the delinquency date of the amount of deferred | 0018| property taxes due as stated on the property tax bill, a | 0019| claimant or the claimant's agent or personal representative may | 0020| protest the amount of deferred property taxes due. | 0021| C. Upon filing of a protest pursuant to Subsection | 0022| A or B of this section, the county treasurer shall review the | 0023| protest and take appropriate action to determine if there is | 0024| any error in the amount of taxes deferred or the amount of | 0025| deferred taxes due and to correct that error. If the person | 0001| protesting is not satisfied with the county treasurer's action, | 0002| he may bring an action in district court on the grounds that | 0003| there was an error in the computation of deferred taxes or an | 0004| error in the property tax schedule relating to the payment or | 0005| nonpayment of deferred taxes. The action shall be brought in | 0006| the district court for the county in which the property is | 0007| located." | 0008| Section 11. APPLICABILITY.--The provisions of this act | 0009| apply to the 1998 and subsequent property tax years. | 0010|  |