HOUSE JOINT RESOLUTION 20

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Meredith A. Dixon

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 8, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE A PROPERTY TAX EXEMPTION FOR CERTIFIED AND COMMISSIONED POLICE OFFICERS AND DEPUTY SHERIFFS AND ACTIVE FIREFIGHTERS WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION AND HAVE EARNED AN AMOUNT OF PENSION EQUAL TO AT LEAST NINETY-FIVE PERCENT OF THE PERSON'S FINAL AVERAGE SALARY.

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:

          "A. The legislature shall exempt from taxation the property of each head of the family in the amount of two thousand dollars ($2,000).

          B. The legislature shall exempt from taxation the property, including the community or joint property of married individuals, of every honorably discharged member of the armed forces of the United States and the [widow or widower] unmarried surviving spouse of every such honorably discharged member of the armed forces of the United States, in the sum of:

                (1) in 2006 and in each year through 2023, four thousand dollars ($4,000);

                (2) in 2024, ten thousand dollars ($10,000); and

                (3) in 2025 and each subsequent year, the amount provided in Paragraph (2) of this subsection, adjusted for inflation.

          C. The legislature shall exempt from taxation the property of each certified and commissioned police officer or deputy sheriff or active firefighter, as provided by law, who is a member of the public employees retirement system and who has earned an amount of pension equal to at least ninety-five percent of the person's final average salary as a certified and commissioned police officer or deputy sheriff or active firefighter calculated in accordance with the provisions of the applicable retirement plan, as provided by law, in the amount of five thousand dollars ($5,000). The burden of proving eligibility for the exemption provided by this subsection is on the person claiming the exemption.

          [C.] D. In every case where exemption is claimed on the ground of the claimant's having served with the armed forces of the United States pursuant to Subsection B of this section or working as a police officer, deputy sheriff or firefighter pursuant to Subsection C of this section, the burden of proving actual and bona fide ownership of such property upon which exemption is claimed shall be upon the claimant."

     SECTION 2. 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.

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