SENATE JOINT RESOLUTION 19

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mary Jane M. Garcia

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO AUTHORIZE THE LEGISLATURE TO PROVIDE A LOWER PERCENTAGE OF VALUE AGAINST WHICH TAX RATES ARE ASSESSED FOR HISTORIC PROPERTY DEEMED WORTHY OF PRESERVATION.

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

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

          "A. Except as provided in [Subsection B] Subsections B and C of this section, taxes levied upon tangible property shall be in proportion to the value thereof, and taxes shall be equal and uniform upon subjects of taxation of the same class. Different methods may be provided by law to determine value of different kinds of property, but, except as provided in Subsection C of this section, the percentage of value against which tax rates are assessed shall not exceed thirty-three and one-third percent.

          B. The legislature shall provide by law for the valuation of residential property for property taxation purposes in a manner that limits annual increases in valuation of residential property. The limitation may be applied to classes of residential property taxpayers based on owner-occupancy, age or income. The limitations may be authorized statewide or at the option of a local jurisdiction and may include conditions under which the limitation is applied. Any valuation limitations authorized as a local jurisdiction option shall provide for applying statewide or multi-jurisdictional property tax rates to the value of the property as if the valuation increase limitation did not apply.           C. For historic property deemed worthy of preservation, the legislature may by law define such property and provide for a lower percentage of value against which tax rates are assessed; provided that the percentage of value against which the tax rates are assessed for such property shall not be less than twenty-two and two-ninths percent."

     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.