45th legislature - STATE OF NEW MEXICO - second session, 2002

AMENDING ARTICLE 4, SECTION 32 OF THE CONSTITUTION OF NEW MEXICO TO GIVE THE SECRETARY OF TAXATION AND REVENUE THE AUTHORITY TO COMPROMISE THE AMOUNT OF INTEREST OR CIVIL PENALTY ASSESSED AND DUE ON A DELINQUENT TAX LIABILITY WHEN THERE IS DOUBT AS TO THE COLLECTIBILITY OF THE AMOUNTS DUE.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 4, Section 32 of the constitution of New Mexico to read:

"A. Except as provided in Subsection B of this section, no obligation or liability of any person, association or corporation held or owned by or owing to the state, or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released, postponed or in any way diminished by the legislature, nor shall any such obligation or liability be extinguished except by the payment thereof into the proper treasury, or by proper proceeding in court. [Provided that the obligations created by Special Session Laws 1955, Chapter 5, running to the state or any of its agencies, remaining unpaid on the effective date of this amendment are void.]

B. The secretary of taxation and revenue or his successor is authorized to compromise the amounts of interest or civil penalty assessed and due on a delinquent tax liability when there is doubt as to the collectibility of those amounts. The legislature shall provide by law for procedures for compromise, appeals to the decision of the secretary, standards of equity and guidelines, as necessary, for the application of the grounds for compromise to specific facts and circumstances. The legislature shall also provide by law for independent review of proposed offers of compromise and rejections of compromise."

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.