Fiscal impact
reports (FIRs) are prepared by the Legislative
Finance Committee (LFC) for standing finance committees of the NM Legislature. The
LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are available on the
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Previously issued FIRs and attachments may be
obtained from the LFC in
SPONSOR |
Smith |
DATE TYPED |
|
HB |
|
||
SHORT
TITLE |
Property Tax Code Changes |
SB |
490 |
||||
|
ANALYST |
Neel |
|||||
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY04 |
FY05 |
|
|
|
|
|
NFI |
|
|
|
|
|
|
|
(Parenthesis ( ) Indicate Revenue Decreases)
Duplicates: HB 570
LFC Files
Response
Received From
Taxation
and Revenue Department (TRD)
SUMMARY
Synopsis of Bill
Senate Bill 490 amends statue to:
Section
1: Eliminates
reference in Section 7-35-2 NMSA 1978 to a section of NMSA 1978 that has been
repealed, and clarifies that alpacas are subject to taxation as livestock.
Section
2: Removes the
obligation listed in Section 7-35-4 that the Department “prepare, issue and
periodically revise” valuation manuals and similar documents to counties. Under
the proposed statute, the Department would merely be required to provide the
manuals, rather than prepare, issue and revise them.
Section 3: Requires
applications to limit the value of single family dwelling occupied by
low-income owners over sixty-five years of age to be filed with the assessor
within 30 days after the assessor notice of valuation has been mailed;
Section 4: Allows the
transferor of residential property to use an authorized agent for recording
affidavits with the county clerk. The amendment to
subsection B removes language in present statute stating that information
contained on the affidavits must be used only for “analytical and statistical
purposes in the application of appraisal methods”. It also removes the
requirement that the Department develop the affidavits, and substitutes
the requirement that the Department must approve the affidavits
Section 5: Prohibits
interest accrued for unpaid property taxes to be waived by the state or its
subdivisions.
Section 6: Prohibits
waiving penalties for delinquent taxes excepts under
specific circumstances.
Section 7 Enacts a new section
of the property tax code to required the county treasurer to issue a receipt
upon receipt for delinquent taxes and to distribute the property revenue to the
respective government entities.
Section 8: Enacts a new
section of the property tax code to require county treasurers to prepare monthly
reports on property tax payments, penalties, interest, and cost received on
properties. The report will be submitted
to TRD.
Section 9: Requires
delinquent taxes to be paid or installment agreement be
entered into by the date and time rather than
Section 12: Prevents the Department
from entering into installment agreements for payment of delinquent taxes,
penalty, interest and sale costs on manufactured homes, unless they are real
property for valuation purposes. The
proposed amendment stipulates that the Department may not enter into an
installment agreement after commencement of the scheduled sale for delinquent
taxes, and that the property may not be removed from the sale list unless the
requirements to enter into an installment are met prior to commencement of the
scheduled sale of the real property
Section 13: after receiving payment
for delinquent taxes, the department would issue a receipt to the purchaser,
that the purchaser has no property rights or right to enter the property until
the department delivers a deed consummating the sale. The Department would, within six weeks after
the sale, after determining that the sale complied with the Property Tax Code,
mail a deed to the purchaser. Moreover, the state deed would have the same
effect of a quitclaim deed and not a warrant title. The section would also
create a new paragraph stating that if a deed is cancelled, only the amount
paid for the property would be refunded; no interest or other payments would be
provided to the buyer irrespective of the basis for cancellation.
Section 14: Current statutes indicate how sale proceeds
are distributed and stipulate that balances remaining after various other
distributions have been made are to be paid to the former owner of the property
or designative by court order. The
proposed amendment simply clarifies that the owner must be the owner of record
of the property recorded on the deed with the county clerk’s office in which
the property is located.
Significant Issues
TRD notes the following significant issues:
The most significant
materials provided to county governments by the Department consist of
FISCAL IMPLICATIONS
No significant fiscal impact is noted.
.
TECHNICAL ISSUES
TRD states:
Section 7 of the proposal should probably state
that counties should distribute taxes, penalties and interest as provided by
law, rather than as stipulated by the DFA.
SM/lg