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F I S C A L I M P A C T R E P O R T
SPONSOR HGAC
ORIGINAL DATE
LAST UPDATED
2/5/08
HB 661/HGACS
SHORT TITLE Public Peace, Health, Safety & Welfare
SB
ANALYST Francis
REVENUE (dollars in thousands)
Estimated Revenue
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
FY10
* See Narrative
(Parenthesis ( ) Indicate Revenue Decreases)
Relates to several property tax bills being considered by the 2008 legislature.
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of HGAC Substitute
The House Government Affairs Committee substitute for House Bill 661 amends 7-36-15
NMSA 1978 to require, for property subject to affordable housing restrictions on owners
realization of increased value in a sale or otherwise restricts the owner’s future use of the
property. These include subsidy, covenant or encumbrance imposed pursuant to a state, local or
federal affordable housing program. Essentially the substitute allows county assessors to take
into account any restrictions on a property because of its status as an affordable property when
valuing the property. Housing includes congregate housing, manufactured homes, homeless or
hospice housing, and facilities used by a housing project. Currently, assessors must use valuation
methods such as comparable market sales prices which may be significantly higher than the cost
of the house to the taxpayer.
FISCAL IMPLICATIONS
The substitute for HB661 will have a minor fiscal impact on other taxpayers in counties where
the assessor adopts this methodology. Due to the way property tax is collected and the need to
maintain debt service, the lower valuations that result for taxpayers with affordable housing will
result in slightly higher rates for unaffected taxpayers.
pg_0002
House Bill 661/HGACS – Page
2
SIGNIFICANT ISSUES
Affordable housing programs offer incentives and subsidies to enable low-income residents to
buy a house that they might not otherwise be able to afford. There are several programs around
the state and each varies in its set of tools. Some local governments require new developments
to set aside property or donate property for affordable housing. Often the purchaser of the house
agrees to rules on length of ownership and other covenants that restrict the sale or transfer of the
house to keep it as an affordable property. However, in communities with rapidly escalating
property values, the assessor has to use “generally accepted appraisal techniques" and determine
the market value of the property without taking into consideration these value decreasing
covenants, resulting in a property tax bill that may be higher than the resident can afford.
The substitute also would affect property owners that own multifamily or group homes such as
homeless shelters and temporary housing.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Other bills being considered in the 2008 session:
Bill Number
Title
Description
H229
END YIELD CONTROL ON SCHOOL MILL
LEVY
Allow school districts to levy posted tax rate
H264
RESIDENTIAL PRO PERTY TRANSFER
AFFIDAVITS
Allow affidavits about property value to be used for
count
y
p
rotests
H276/SB398
SUNCAL TAX INCREMENT PROJECT
BONDS
10 percent diversion of Bernalillo County property
taxes to tax increment distric
t
H295/SB355/SB116 RAISE PROPERTY TAX LIMITATION
INCOME LIMIT
Raise the income threshold for taxpayers over age 65
H324
CHARITABLE CARE PROPERTY TAX
VALUATION
Exempt certain nursing homes from valuation
H388
REQUIRE DISCLOSURE OF REAL
PROPERTY TAXES
Disclosure of estimated property tax to home buyers
H617
PROPERTY TAX ON COMMUNICATIONS
SYSTEM LAND
Expand the definition of communication system land
in exem
p
tion
HJR1
NATIONAL GUARD VETERAN PROPERTY
TAXES
,
CA
Include national guard veterans in military veteran
exem
p
tion
HJR4
SENIOR CITIZEN PROP ERTY TAX
EXEMPTION
,
CA
Phase out property tax for seniors
HJR6
VETERANS' ORGANIZATION PROPERTY
TAXES
,
CA
Exempt certain property from valuation
HJR10
STATEWIDE MILLAGE RATE FOR
SCHOOL FUNDS
,
CA
Add additional 5 mills for education on statewide
p
ro
p
ert
y
tax
S449
LOW-INCOME PROPERTY TAX REBATE
ELIGIBILITY
Expand income threshold for local governmetn low
income
p
ro
p
ert
y
tax rebate
S450
PROPERTY TAX VALUATION &
REASSESSMENT
Revalue property that transferred in 2005/2006 to
2004 levels
S483
PROPERTY TAX ADMINISTRATIVE FEE
THRESHOLD
Raise minimum amount of tax admin fee plus tax to
$15
S516
PROPERTY TAX DELINQUENCY NOTICES
& TIMING
Extends the time limit property tax can be delinquent
b
efore sold.
SJR11
HEAD OF FAMILY PROPERTY TAX
EXEMPTION
,
CA
Increases head of family exemption to $20,000 from
$2
,
000.
SJR14
PROPERTY TAX LIMITATIONS, CA
Imposes maximum total tax levy of no more than 1
p
ercent of current and correct tax value.
NF/bb