0001| HOUSE BILL 968
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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| PATSY G. TRUJILLO
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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 PROPERTY TAXATION; AUTHORIZING COUNTIES TO PROVIDE
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0012| A PROPERTY TAX CREDIT FOR LOW-INCOME TAXPAYERS; PROVIDING A
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0013| PENALTY; AMENDING AND ENACTING SECTIONS OF THE PROPERTY TAX
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0014| CODE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Property Tax Code is
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0018| enacted to read:
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0019| "[NEW MATERIAL] LOCAL PROPERTY TAX CREDIT--LOW-INCOME
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0020| TAXPAYERS.--
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0021| A. A board may adopt an ordinance providing a
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0022| credit against the property tax due for low-income taxpayers in
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0023| accordance with the provisions of this section. The tax credit
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0024| may be referred to as the "local property tax credit" and may
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0025| be imposed for any number of property tax years.
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0001| B. The local property tax credit may be claimed and
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0002| allowed only against the property tax due on residential
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0003| property that is the principal place of residence of a claimant
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0004| whose household modified gross income does not exceed fifty
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0005| thousand dollars ($50,000). Only one local property tax credit
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0006| may be claimed for each eligible residential property.
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0007| C. The board shall develop a progressive table
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0008| setting property tax limits as a percentage of modified gross
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0009| income. The credit that may be provided shall be an amount
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0010| equal to the amount of the taxpayer's property tax due for the
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0011| year that exceeds the amount that is determined, based on the
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0012| taxpayer's modified gross income, to be the taxpayer's property
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0013| tax limit for the taxable year. The board may cap the amount
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0014| of the local property tax credit that may be allowed a
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0015| taxpayer.
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0016| D. Upon adoption of an ordinance providing a local
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0017| property tax credit, the board shall create a "local property
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0018| tax credit fund" that is a separate fund in the county treasury
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0019| pledged solely for the payment of the property tax revenue
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0020| reduction resulting from the application of the local property
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0021| tax credit. Revenue produced by the increase in the county
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0022| operating rate due to application of the tax rebate adjustment
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0023| to the county operating rate pursuant to Section 7-37-7.1 NMSA
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0024| 1978 shall be deposited in the fund. Balances in the fund at
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0025| the end of any fiscal year shall remain in the fund and shall
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0001| be used only to replace the property tax revenue reduction
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0002| resulting from application of the local property tax credit in
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0003| succeeding tax years.
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0004| E. To claim the local property tax credit, the
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0005| taxpayer shall file with the county assessor by June 1 of the
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0006| applicable tax year an application form that includes such
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0007| taxpayer, household income and other information as the board,
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0008| in consultation with the department, determines necessary for
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0009| provision and administration of the local property tax credit.
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0010| Forms and application instructions shall be enclosed in the
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0011| property valuation notices mailed to taxpayers pursuant to
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0012| Section 7-38-20 NMSA 1978 and shall also be available in
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0013| appropriate county offices.
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0014| F. Upon receipt of applications claiming the local
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0015| property tax credit, the assessor shall estimate the amount of
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0016| the local property tax credit to be allowed for the tax year.
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0017| In certifying the estimated amount of the local property tax
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0018| credit to be allowed for the property tax year for purposes of
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0019| the tax rebate adjustment pursuant to Section 7-37-7.1 NMSA
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0020| 1978, the county assessor for the first tax year in which the
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0021| local property tax credit is allowed may certify an amount up
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0022| to one hundred twenty-five percent of the estimated amount for
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0023| cash-flow purposes.
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0024| G. To assure the distribution of the full amount of
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0025| revenue from property tax due to the appropriate governmental
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0001| units, the county treasurer shall transfer from the local
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0002| property tax credit fund such amounts as are necessary to make
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0003| the distributions, but the total of all transfers for any tax
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0004| shall not exceed the total property tax revenue reduction
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0005| resulting from application of the local property tax credit in
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0006| that tax year. Other available county revenues may be used, if
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0007| necessary, for cash-flow purposes to assure full distribution
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0008| of property tax revenues to all governmental units at any time
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0009| during a tax year that there is an insufficient amount in the
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0010| local property tax credit fund.
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0011| H. It is unlawful for the county assessor or any
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0012| employee of the county assessor or any former employee of the
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0013| county assessor to reveal any information contained in a
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0014| taxpayer's local property tax credit application form to any
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0015| individual other than the assessor, another employee of the
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0016| assessor or an employee of the department authorized by the
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0017| county assessor and the secretary to verify information for
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0018| purposes of enforcement. Any individual who reveals to another
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0019| individual any information that he is prohibited from lawfully
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0020| revealing pursuant to this subsection is guilty of a
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0021| misdemeanor and upon conviction shall be punished by a fine of
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0022| not more than one thousand dollars ($1,000) or by imprisonment
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0023| for a definite period not to exceed three hundred sixty-four
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0024| days, or both, and shall not be employed by the county for a
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0025| period of five years after the date of the conviction.
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0001| I. As used in this section:
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0002| (1) "board" means the board of county
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0003| commissioners of a county, including an H class county; and
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0004| (2) "modified gross income" means "modified
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0005| gross income", as that term is defined in the Income Tax Act,
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0006| plus all income from those same sources for any other resident
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0007| owner of the principal place of residence of the taxpayer
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0008| claiming a local property tax credit."
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0009| Section 2. Section 7-1-8 NMSA 1978 (being Laws 1965,
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0010| Chapter 248, Section 13, as amended) is amended to read:
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0011| "7-1-8. CONFIDENTIALITY OF RETURNS AND OTHER
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0012| INFORMATION.--It is unlawful for any employee of the department
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0013| or any former employee of the department to reveal to any
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0014| individual other than another employee of the department any
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0015| information contained in the return of any taxpayer made
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0016| pursuant to any law subject to administration and enforcement
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0017| under the provisions of the Tax Administration Act or any other
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0018| information about any taxpayer acquired as a result of his
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0019| employment by the department, except:
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0020| A. to an authorized representative of another
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0021| state; provided that the receiving state has entered into a
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0022| written agreement with the department to use the information
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0023| for tax purposes only and that the receiving state has enacted
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0024| a confidentiality statute similar to this section to which the
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0025| representative is subject;
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0001| B. to a representative of the secretary of the
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0002| treasury or the secretary's delegate pursuant to the terms of a
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0003| reciprocal agreement entered into with the federal government
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0004| for exchange of the information;
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0005| C. to the multistate tax commission or its
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0006| authorized representative; provided that the information is
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0007| used for tax purposes only and is disclosed by the multistate
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0008| tax commission only to states that have met the requirements of
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0009| Subsection A of this section;
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0010| D. to a district court or an appellate court or a
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0011| federal court:
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0012| (1) in response to an order thereof in an
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0013| action relating to taxes to which the state is a party and in
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0014| which the information sought is about a taxpayer who is party
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0015| to the action and is material to the inquiry, in which case
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0016| only that information may be required to be produced in court
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0017| and admitted in evidence subject to court order protecting the
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0018| confidentiality of the information and no more;
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0019| (2) in any action in which the department is
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0020| attempting to enforce an act with which the department is
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0021| charged or to collect a tax; or
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0022| (3) in any matter in which the department is a
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0023| party and the taxpayer has put his own liability for taxes at
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0024| issue, in which case only that information regarding the
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0025| taxpayer who is party to the action may be produced, but this
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0001| shall not prevent the disclosure of department policy or
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0002| interpretation of law arising from circumstances of a taxpayer
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0003| who is not a party;
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0004| E. to the taxpayer or to the taxpayer's authorized
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0005| representative; provided, however, that nothing in this
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0006| subsection shall be construed to require any employee to
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0007| testify in a judicial proceeding except as provided in
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0008| Subsection D of this section;
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0009| F. information obtained through the administration
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0010| of any law not subject to administration and enforcement under
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0011| the provisions of the Tax Administration Act to the extent that
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0012| release of that information is not otherwise prohibited by law;
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0013| G. in such manner, for statistical purposes, that
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0014| the information revealed is not identified as applicable to any
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0015| individual taxpayer;
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0016| H. with reference to any information concerning the
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0017| tax on tobacco imposed by Sections 7-12-1 through 7-12-17 NMSA
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0018| 1978 to a committee of the legislature for a valid legislative
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0019| purpose;
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0020| I. to a transferee, assignee, buyer or lessor of a
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0021| liquor license, the amount and basis of any unpaid assessment
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0022| of tax for which his transferor, assignor, seller or lessee is
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0023| liable;
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0024| J. to a purchaser of a business as provided in
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0025| Sections 7-1-61 through 7-1-64 NMSA 1978, the amount and basis
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0001| of any unpaid assessment of tax for which the purchaser's
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0002| seller is liable;
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0003| K. to a municipality of this state upon its request
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0004| for any period specified by that municipality within the twelve
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0005| months preceding the request for the information by that
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0006| municipality:
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0007| (1) the names, taxpayer identification numbers
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0008| and addresses of registered gross receipts taxpayers reporting
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0009| gross receipts for that municipality under the Gross Receipts
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0010| and Compensating Tax Act or a local option gross receipts tax
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0011| imposed by that municipality. The department may also release
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0012| the information described in this paragraph quarterly or upon
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0013| such other periodic basis as the secretary and the municipality
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0014| may agree; and
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0015| (2) information indicating whether persons
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0016| shown on any list of businesses located within that
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0017| municipality furnished by the municipality have reported gross
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0018| receipts to the department but have not reported gross receipts
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0019| for that municipality under the Gross Receipts and Compensating
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0020| Tax Act or a local option gross receipts tax imposed by that
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0021| municipality.
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0022| The employees of municipalities receiving information as
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0023| provided in this subsection shall be subject to the penalty
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0024| contained in Section 7-1-76 NMSA 1978 if that information is
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0025| revealed to individuals other than other employees of the
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0001| municipality in question or the department;
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0002| L. to the commissioner of public lands for use in
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0003| auditing that pertains to rentals, royalties, fees and other
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0004| payments due the state under land sale, land lease or other
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0005| land use contracts; the commissioner of public lands and
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0006| employees of the commissioner are subject to the same
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0007| provisions regarding confidentiality of information as
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0008| employees of the department;
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0009| M. the department shall furnish, upon request by
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0010| the child support enforcement division of the human services
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0011| department, the last known address with date of all names
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0012| certified to the department as being absent parents of children
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0013| receiving public financial assistance. The child support
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0014| enforcement division personnel shall use such information only
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0015| for the purpose of enforcing the support liability of the
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0016| absent parents and shall not use the information or disclose it
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0017| for any other purpose; the child support enforcement division
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0018| and its employees are subject to the provisions of this section
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0019| with respect to any information acquired from the department;
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0020| N. with respect to the tax on gasoline imposed by
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0021| the Gasoline Tax Act, the department shall make available for
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0022| public inspection at monthly intervals a report covering the
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0023| amount and gallonage of gasoline and ethanol blended fuels
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0024| imported, exported, sold and used, including tax-exempt sales
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0025| to the federal government reported or upon which the gasoline
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0001| tax was paid and covering taxes received from each distributor
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0002| in the state of New Mexico;
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0003| O. the identity of distributors and gallonage
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0004| reported on returns required under the Gasoline Tax Act,
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0005| Special Fuels Supplier Tax Act or Alternative Fuel Tax Act to
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0006| any distributor or supplier, but only when it is necessary to
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0007| enable the department to carry out its duties under the
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0008| Gasoline Tax Act, the Special Fuels Supplier Tax Act or the
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0009| Alternative Fuel Tax Act;
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0010| P. the department shall release upon request only
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0011| the names and addresses of all gasoline or special fuel
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0012| distributors, wholesalers and retailers to the New Mexico
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0013| department of agriculture, the employees of which are thereby
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0014| subject to the penalty contained in Section 7-1-76 NMSA 1978 if
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0015| that information is revealed to individuals other than
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0016| employees of either the New Mexico department of agriculture or
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0017| the department;
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0018| Q. the department shall answer all inquiries
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0019| concerning whether a person is or is not a registered taxpayer;
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0020| R. upon request of a municipality or county of this
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0021| state, the department shall permit officials or employees of
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0022| the municipality or county to inspect the records of the
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0023| department pertaining to an increase or decrease to a
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0024| distribution or transfer made pursuant to Section 7-1-6.15 NMSA
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0025| 1978 for the purpose of reviewing the basis for the increase or
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0001| decrease. The municipal or county officials or employees
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0002| receiving information provided in this subsection shall not
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0003| reveal that information to any person other than another
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0004| employee of the municipality or the county, the department or a
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0005| district court, an appellate court or a federal court in a
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0006| proceeding relating to a disputed distribution and in which
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0007| both the state and the municipality or county are parties. Any
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0008| information provided [in] pursuant to provisions of this
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0009| subsection that is revealed other than as provided in this
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0010| subsection shall subject the person revealing the information
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0011| to the penalties contained in Section 7-1-76 NMSA 1978;
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0012| S. to a county of this state that has in effect any
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0013| local option gross receipts tax imposed by the county upon its
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0014| request for any period specified by that county within the
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0015| twelve months preceding the request for the information by that
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0016| county:
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0017| (1) the names, taxpayer identification numbers
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0018| and addresses of registered gross receipts taxpayers reporting
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0019| gross receipts either for that county in the case of a local
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0020| option gross receipts tax imposed on a countywide basis or only
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0021| for the areas of that county outside of any incorporated
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0022| municipalities within that county in the case of a county local
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0023| option gross receipts tax imposed only in areas of the county
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0024| outside of any incorporated municipalities. The department may
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0025| also release the information described in this paragraph
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0001| quarterly or upon such other periodic basis as the secretary
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0002| and the county may agree;
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0003| (2) in the case of a local option gross
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0004| receipts tax imposed by a county on a countywide basis,
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0005| information indicating whether persons shown on any list of
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0006| businesses located within the county furnished by the county
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0007| have reported gross receipts to the department but have not
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0008| reported gross receipts for that county under the Gross
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0009| Receipts and Compensating Tax Act or a local option gross
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0010| receipts tax imposed by that county on a countywide basis; and
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0011| (3) in the case of a local option gross
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0012| receipts tax imposed by a county only on persons engaging in
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0013| business in that area of the county outside of any incorporated
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0014| municipalities, information indicating whether persons shown on
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0015| any list of businesses located in the area of that county
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0016| outside of any incorporated municipalities within that county
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0017| furnished by the county have reported gross receipts to the
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0018| department but have not reported gross receipts for the area of
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0019| that county outside of any incorporated municipalities within
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0020| that county under the Gross Receipts and Compensating Tax Act
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0021| or any local option gross receipts tax imposed by the county
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0022| only on persons engaging in business in that area of the county
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0023| outside of any incorporated municipalities.
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0024| The officers and employees of counties receiving
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0025| information as provided in this subsection shall be subject to
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0001| the penalty contained in Section 7-1-76 NMSA 1978 if such
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0002| information is revealed to individuals other than other
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0003| officers or employees of the county in question or the
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0004| department;
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0005| T. to authorized representatives of an Indian
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0006| nation, tribe or pueblo, the territory of which is located
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0007| wholly or partially within New Mexico, pursuant to the terms of
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0008| a reciprocal agreement entered into with the Indian nation,
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0009| tribe or pueblo for the exchange of that information for tax
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0010| purposes only; provided that the Indian nation, tribe or pueblo
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0011| has enacted a confidentiality statute similar to this section;
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0012| U. information with respect to the taxes or tax
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0013| acts administered pursuant to Subsection B of Section 7-1-2
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0014| NMSA 1978, except that:
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0015| (1) information for or relating to any period
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0016| prior to July 1, 1985 with respect to Sections 7-25-1 through
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0017| 7-25-9 and 7-26-1 through 7-26-8 NMSA 1978 may be released only
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0018| to a committee of the legislature for a valid legislative
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0019| purpose;
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0020| (2) except as provided in Paragraph (3) of
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0021| this subsection, contracts and other agreements between the
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0022| taxpayer and other parties and the proprietary information
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0023| contained in such contracts and agreements shall not be
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0024| released without the consent of all parties to the contract or
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0025| agreement; and
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0001| (3) audit workpapers and the proprietary
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0002| information contained in such workpapers shall not be released
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0003| except to:
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0004| (a) the minerals management service of
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0005| the United States department of the interior, if production
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0006| occurred on federal land;
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0007| (b) a person having a legal interest in
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0008| the property that is subject to the audit;
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0009| (c) a purchaser of products severed from
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0010| a property subject to the audit; or
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0011| (d) the authorized representative of any
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0012| of the persons in Subparagraphs (a) through (c) of this
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0013| paragraph [but].
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0014| This paragraph does not prohibit the release of any
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0015| proprietary information contained in the workpapers that is
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0016| also available from returns or from other sources not subject
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0017| to the provisions of this section;
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0018| V. information with respect to the taxes, surtaxes,
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0019| advance payments or tax acts administered pursuant to
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0020| Subsection C of Section 7-1-2 NMSA 1978;
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0021| W. to the state corporation commission, information
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0022| with respect to the Corporate Income and Franchise Tax Act
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0023| required to enable the commission to carry out its duties;
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0024| X. to the state racing commission, information with
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0025| respect to the state, municipal and county gross receipts taxes
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0001| paid by race tracks;
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0002| Y. upon request of a corporation authorized to be
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0003| formed under the Educational Assistance Act, the department
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0004| shall furnish the last known address and the date of that
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0005| address of every person certified to the department as being an
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0006| absent obligor of an educational debt that is due and owed to
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0007| the corporation or that the corporation has lawfully contracted
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0008| to collect. The corporation and its officers and employees
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0009| shall use that information only for the purpose of enforcing
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0010| the educational debt obligation of such absent obligors and
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0011| shall not disclose that information or use it for any other
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0012| purpose;
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0013| Z. any decision and order made by a hearing officer
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0014| pursuant to Section 7-1-24 NMSA 1978 with respect to a protest
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0015| filed with the secretary on or after July 1, 1993;
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0016| AA. information required by any provision of the
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0017| Tax Administration Act to be made available to the public by
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0018| the department;
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0019| BB. upon request by the Bernalillo county
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0020| metropolitan court, the department shall furnish the last known
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0021| address and the date of that address for every person certified
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0022| to the department by the court as being a person who owes
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0023| fines, fees or costs to the court or who has failed to appear
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0024| pursuant to a court order or a promise to appear;
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0025| CC. upon request by a magistrate court, the
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0001| department shall furnish the last known address and the date of
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0002| that address for every person certified to the department by
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0003| the court as being a person who owes fines, fees or costs to
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0004| the court or who has failed to appear pursuant to a court order
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0005| or a promise to appear; [and]
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0006| DD. to the national tax administration agencies of
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0007| Mexico and Canada, provided the agency receiving the
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0008| information has entered into a written agreement with the
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0009| department to use the information for tax purposes only and is
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0010| subject to a confidentiality statute similar to this section;
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0011| and
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0012| EE. information provided to a county assessor or
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0013| any employee of the county assessor, upon the request of the
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0014| county assessor, verifying whether or not a taxpayer's reported
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0015| modified gross income for purposes of claiming the local
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0016| property tax credit in the Property Tax Code qualifies the
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0017| taxpayer for the credit claimed."
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0018| Section 3. Section 7-37-7.1 NMSA 1978 (being Laws 1979,
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0019| Chapter 268, Section 1, as amended) is amended to read:
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0020| "7-37-7.1. ADDITIONAL LIMITATIONS ON PROPERTY TAX
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0021| RATES.--
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0022| A. Except as provided in Subsections D and E of
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0023| this section, in setting the general property tax rates for
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0024| residential and nonresidential property authorized in
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0025| Subsection B of Section 7-37-7 NMSA 1978, the other rates and
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0001| impositions authorized in Paragraphs (2) and (3) of Subsection
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0002| C of Section 7-37-7 NMSA 1978, except the portion of the rate
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0003| authorized in Paragraph (1) of Subsection A of Section 4-48B-12
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0004| NMSA 1978 used to meet the requirements of Section 27-10-4 NMSA
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0005| 1978, and benefit assessments authorized by law to be levied
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0006| upon net taxable value of property, assessed value or a similar
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0007| term, neither the department of finance and administration nor
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0008| any other entity authorized to set or impose a rate or
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0009| assessment shall set a rate or impose a tax or assessment that
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0010| will produce revenue from either residential or nonresidential
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0011| property in a particular governmental unit in excess of the sum
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0012| of a dollar amount derived by multiplying the appropriate
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0013| growth control factor by the revenue due from the imposition on
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0014| residential or nonresidential property, as appropriate, for the
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0015| prior property tax year in the governmental unit of the rate,
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0016| imposition or assessment for the specified purpose plus, for
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0017| the calculation for the rate authorized for county operating
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0018| purposes by Subsection B of Section 7-37-7 NMSA 1978 with
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0019| respect to residential property, any applicable tax rebate
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0020| adjustment. The calculation described in this subsection shall
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0021| be separately made for residential and nonresidential property.
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0022| Except as provided in Subsections D and E of this section, no
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0023| tax rate or benefit assessment that will produce revenue from
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0024| either class of property in a particular governmental unit in
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0025| excess of the dollar amount allowed by the calculation shall be
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0001| set or imposed. The rates imposed pursuant to Sections 7-32-4
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0002| and 7-34-4 NMSA 1978 shall be the rates for nonresidential
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0003| property that would have been imposed but for the limitations
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0004| in this section. As used in this section, "growth control
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0005| factor" is a percentage equal to the sum of "percent change I"
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0006| plus V where:
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0007| (1) V = (base year value + net new value),
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0008| base year value
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0009| expressed as a percentage, but if the percentage calculated is
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0010| less than one hundred percent, then V shall be set and used as
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0011| one hundred percent;
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0012| (2) "base year value" means the value for
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0013| property taxation purposes of all residential or nonresidential
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0014| property, as appropriate, subject to valuation under the
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0015| Property Tax Code in the governmental unit for the specified
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0016| purpose in the prior property tax year;
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0017| (3) "net new value" means the additional value
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0018| of residential or nonresidential property, as appropriate, for
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0019| property taxation purposes placed on the property tax schedule
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0020| in the current year resulting from the elements in
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0021| Subparagraphs (a) through (d) of this paragraph reduced by the
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0022| value of residential or nonresidential property, as
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0023| appropriate, removed from the property tax schedule in the
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0024| current year and, if applicable, the reductions described in
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0025| Subparagraph (e) of this paragraph:
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0001| (a) residential or nonresidential
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0002| property, as appropriate, valued in the current year that was
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0003| not valued at all in the prior year;
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0004| (b) improvements to existing residential
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0005| or nonresidential property, as appropriate;
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0006| (c) additions to residential or
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0007| nonresidential property, as appropriate, or values that were
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0008| omitted from previous years' property tax schedules even if
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0009| part or all of the property was included on the schedule, but
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0010| no additions of values attributable to valuation maintenance
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0011| programs or reappraisal programs shall be included;
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0012| (d) additions to nonresidential property
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0013| due to increases in annual net production values of mineral
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0014| property valued in accordance with Section 7-36-23 or 7-36-25
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0015| NMSA 1978 or due to increases in market value of mineral
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0016| property valued in accordance with Section 7-36-24 NMSA 1978;
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0017| and
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0018| (e) reductions to nonresidential
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0019| property due to decreases in annual net production values of
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0020| mineral property valued in accordance with Section 7-36-23 or
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0021| 7-36-25 NMSA 1978 or due to decreases in market value of
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0022| mineral property valued in accordance with Section 7-36-24 NMSA
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0023| 1978; and
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0024| (4) "percent change I" means a percent not in
|
0025| excess of five percent that is derived by dividing the annual
|
0001| implicit price deflator index for state and local government
|
0002| purchases of goods and services, as published in the United
|
0003| States department of commerce monthly publication entitled
|
0004| "survey of current business" or any successor publication, for
|
0005| the calendar year next preceding the prior calendar year into
|
0006| the difference between the prior year's comparable annual index
|
0007| and that next preceding year's annual index if that difference
|
0008| is an increase, and if the difference is a decrease, the
|
0009| "percent change I" is zero. In the event that the annual
|
0010| implicit price deflator index for state and local government
|
0011| purchases of goods and services is no longer prepared or
|
0012| published by the United States department of commerce, the
|
0013| department shall adopt by regulation the use of any comparable
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0014| index prepared by any agency of the United States.
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0015| B. If, as a result of the application of the
|
0016| limitation imposed under Subsection A of this section, a
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0017| property tax rate for residential or nonresidential property,
|
0018| as appropriate, authorized in Subsection B of Section 7-37-7
|
0019| NMSA 1978 is reduced below the maximum rate authorized in that
|
0020| subsection, no governmental unit or entity authorized to impose
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0021| a tax rate under Paragraph (2) of Subsection C of Section
|
0022| 7-37-7 NMSA 1978 shall impose any portion of the rate
|
0023| representing the difference between a maximum rate authorized
|
0024| under Subsection B of Section 7-37-7 NMSA 1978 and the reduced
|
0025| rate resulting from the application of the limitation imposed
|
0001| under Subsection A of this section.
|
0002| C. If the net new values necessary to make the
|
0003| computation required under Subsection A of this section are not
|
0004| available for any governmental unit at the time the calculation
|
0005| must be made, the department of finance and administration
|
0006| shall use a zero amount for net new values when making the
|
0007| computation for the governmental unit.
|
0008| D. Any part of the maximum tax rate authorized for
|
0009| each governmental unit for residential and nonresidential
|
0010| property by Subsection B of Section 7-37-7 NMSA 1978 that is
|
0011| not imposed for a governmental unit for any property tax year
|
0012| for reasons other than the limitation required under Subsection
|
0013| A of this section may be authorized by the department of
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0014| finance and administration to be imposed for that governmental
|
0015| unit for residential and nonresidential property for the
|
0016| following tax year subject to the restriction of Subsection D
|
0017| of Section 7-38-33 NMSA 1978.
|
0018| E. If the base year value necessary to make the
|
0019| computation required under Subsection A of this section is not
|
0020| available for any governmental unit at the time the calculation
|
0021| must be made, the department of finance and administration
|
0022| shall set a rate for residential and nonresidential property
|
0023| that will produce in that governmental unit a dollar amount
|
0024| that is not in excess of the property tax revenue due for all
|
0025| property for the prior property tax year for the specified
|
0001| purpose of that rate in that governmental unit.
|
0002| F. For the purposes of this section:
|
0003| (1) "nonresidential property" does not include
|
0004| any property upon which taxes are imposed pursuant to the Oil
|
0005| and Gas Ad Valorem Production Tax Act, the Oil and Gas
|
0006| Production Equipment Ad Valorem Tax Act or the Copper
|
0007| Production Ad Valorem Tax Act; and
|
0008| (2) "tax rebate adjustment" means, for those
|
0009| counties that have an ordinance in effect providing either the
|
0010| local property tax credit pursuant to Section 1 of this 1997
|
0011| act or the property tax rebate pursuant to the Income Tax Act
|
0012| for the property tax year and that, in the case of the
|
0013| property tax rebate, have not imposed for the property tax
|
0014| year [either] a property tax, the revenue from which is
|
0015| pledged for payment of the income tax revenue reduction
|
0016| resulting from the provision of the property tax rebate, [or a
|
0017| property transfer tax] the estimated amount of the property
|
0018| tax rebate or local property tax credit to be allowed with
|
0019| respect to the property tax year, and for any other
|
0020| governmental unit or purpose, zero; provided that any estimate
|
0021| of property tax rebate or local property tax credit to be
|
0022| allowed is subject to review for appropriateness and approval
|
0023| by the department of finance and administration."
|
0024| Section 4. Section 7-38-35 NMSA 1978 (being Laws 1973,
|
0025| Chapter 258, Section 75, as amended) is amended to read:
|
0001| "7-38-35. PREPARATION OF PROPERTY TAX SCHEDULE BY
|
0002| ASSESSOR.--
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0003| A. After receipt of the rate-setting order and the
|
0004| order imposing the tax, but no later than October 1 of each tax
|
0005| year, the county assessor shall prepare a property tax schedule
|
0006| for all property subject to property taxation in the county.
|
0007| This schedule shall be in a form and contain the information
|
0008| required by regulations of the [division] department and
|
0009| shall contain at least the following information:
|
0010| (1) the description of the property taxed and,
|
0011| if the property is personal property, its location;
|
0012| (2) the property owner's name and address and
|
0013| the name and address of any person other than the owner to whom
|
0014| the tax bill is to be sent;
|
0015| (3) the classification of the property;
|
0016| (4) the value of the property determined for
|
0017| property taxation purposes;
|
0018| (5) the tax ratio;
|
0019| (6) the taxable value of the property;
|
0020| (7) the amount of any exemption allowed and a
|
0021| statement of the net taxable value of the property after
|
0022| deducting the exemption;
|
0023| (8) the allocations of net taxable value to
|
0024| the governmental units;
|
0025| (9) the tax rate in dollars per thousand of
|
0001| net taxable value for all taxes imposed on the property;
|
0002| (l0) the amount of taxes due on the described
|
0003| property; [and]
|
0004| (11) the amount of any penalties and interest
|
0005| already imposed and due on the described property; and
|
0006| (12) the amount of the local property tax
|
0007| credit, if any, allowed by the board of county commissioners to
|
0008| be applied against the taxes due on the described property.
|
0009| B. The property tax schedule is a public record and
|
0010| a part of the valuation records."
|
0011| Section 5. APPLICABILITY.--The provisions of this act
|
0012| apply to the 1998 and subsequent property tax years.
|
0013| State of New Mexico
|
0014| House of Representatives
|
0015|
|
0016| FORTY-THIRD LEGISLATURE
|
0017| FIRST SESSION, 1997
|
0018|
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0019|
|
0020| March 10, 1997
|
0021|
|
0022|
|
0023| Mr. Speaker:
|
0024|
|
0025| Your JUDICIARY COMMITTEE, to whom has been referred
|
0001|
|
0002| HOUSE BILL 968
|
0003|
|
0004| has had it under consideration and reports same with
|
0005| recommendation that it DO PASS, and thence referred to the
|
0006| TAXATION AND REVENUE COMMITTEE.
|
0007|
|
0008| Respectfully submitted,
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014| Thomas P. Foy, Chairman
|
0015|
|
0016|
|
0017| Adopted Not Adopted
|
0018|
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021| Date
|
0022|
|
0023| The roll call vote was 11 For 0 Against
|
0024| Yes: 11
|
0025| Excused: King, Rios
|
0001| Absent: None
|
0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\H0968
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