46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING AN AMENDMENT TO ARTICLE 8, SECTION 3 OF THE CONSTITUTION OF NEW MEXICO TO EXEMPT FROM PROPERTY TAXATION THE PROPERTY OF CERTAIN NONPROFIT FRATERNAL AND VETERANS' ORGANIZATIONS.

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

Section 1. It is proposed to amend Article 8, Section 3 of the constitution of New Mexico to read:

"A. The property of the United States, the state and all counties, towns, cities and school districts and other municipal corporations, public libraries, community ditches and all laterals thereof, all church property not used for commercial purposes, all property used for educational or charitable purposes, all cemeteries not used or held for private or corporate profit and all bonds of the state of New Mexico, and of the counties, municipalities and districts thereof shall be exempt from taxation. Provided, however, that any property acquired by public libraries, community ditches and all laterals thereof, property acquired by churches, property acquired and used for educational or charitable purposes, and property acquired by cemeteries not used or held for private, or corporate profit, and property acquired by the Indian service and property acquired by the United States government or by the state of New Mexico by outright purchase or trade, where such property was, prior to such transfer, subject to the lien of any tax or assessment for the principal or interest of any bonded indebtedness shall not be exempt from such lien, nor from the payment of such taxes or assessments.

B. Also exempt from taxation is the property of fraternal societies, orders or associations granted an exemption from federal income taxation pursuant to Section 501(c)(8) or (10) of the Internal Revenue Code of 1986, as amended, and the property of veterans' posts, organizations, auxiliary units or societies of such posts or organizations or other associations of past or present members of the armed forces of the United States that have been granted an exemption from the federal income taxation pursuant to Section 501(c)(19) or (23) of the Internal Revenue Code of 1986, as amended.

C. Exemptions of personal property from ad valorem taxation may be provided by law if approved by a three-fourths majority vote of all the members elected to each house of the legislature."

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.