HOUSE BILL 327

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

John L. Zimmerman

AN ACT

RELATING TO MILITARY AFFAIRS; CHANGING ELIGIBILITY REQUIREMENTS FOR ASSISTANCE TO NATIONAL GUARD MEMBERS AND THEIR FAMILIES; MAKING THE SUSPENSE ACCOUNT NONREVERTING.

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

     SECTION 1. Section 7-1-6.50 NMSA 1978 (being Laws 2005, Chapter 220, Section 1, as amended) is amended to read:

     "7-1-6.50. DISTRIBUTION--CONTRIBUTIONS FOR NATIONAL GUARD MEMBER AND FAMILY ASSISTANCE.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the department of military affairs in an amount equal to the money designated pursuant to the Income Tax Act as contributions for assistance to members of the New Mexico national guard [activated for service in the global war on terrorism] deployed overseas for a period of thirty or more consecutive days and to their families. The department of military affairs shall deposit the money in a nonreverting temporary suspense account for distribution to members of the New Mexico national guard [activated for service in the global war on terrorism] and to their families."

     SECTION 2. Section 7-2-30.3 NMSA 1978 (being Laws 2005, Chapter 220, Section 2) is amended to read:

     "7-2-30.3. OPTIONAL DESIGNATION OF TAX REFUND CONTRIBUTION--NATIONAL GUARD MEMBER AND FAMILY ASSISTANCE.--

          A. Except as otherwise provided in Subsection C of this section, an individual whose state income tax liability after application of allowable credits and tax rebates in a year is lower than the amount of money held by the department to the credit of the individual for that tax year may designate a portion of the income tax refund due to the individual to be contributed for assistance to members of the New Mexico national guard activated for overseas service [in the global war on terrorism] and to their families. In the case of a joint return, both individuals must make such a designation.

          B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

"National Guard Member and Family Assistance - Check ☐ if you wish to contribute a part or all of your tax refund for assistance to members of the New Mexico national guard activated for overseas service [in the global war on terrorism] and to their families. Enter here $_____ the amount of your contribution.".

          C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act, and any designation made under the provisions of this section to such refunds is void."

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