SENATE BILL 248

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

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO VETERANS; PROVIDING AN EXEMPTION FROM THE IMPOSITION OF A SPECIAL BENEFIT ASSESSMENT FOR DISABLED VETERANS.

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

     SECTION 1. [NEW MATERIAL] PROPERTY OWNED BY A DISABLED VETERAN IS EXEMPT FROM A SPECIAL BENEFIT ASSESSMENT.--

          A. Property owned by a disabled veteran, including joint or community property of the veteran and the veteran's spouse, is exempt from the imposition of a special benefit assessment if the property is occupied by the disabled veteran as the veteran's principal place of residence. Property held in a grantor trust established under Sections 671 through 677 of the Internal Revenue Code of 1986, as those sections may be amended or renumbered, by a disabled veteran or the veteran's surviving spouse is also exempt from the imposition of a special benefit assessment if the property otherwise meets the requirements for exemption in this subsection or Subsection B of this section.

          B. The property of the surviving spouse of a disabled veteran is exempt from the imposition of a special benefit assessment if:

                (1) the surviving spouse and the disabled veteran were married at the time of the disabled veteran's death; and

                (2) the surviving spouse continues to occupy the property continuously after the disabled veteran's death as the spouse's principal place of residence.

          C. For purposes of this section:

                (1) "disabled veteran" means an individual who:

                     (a)  has been honorably discharged from membership in the armed forces of the United States or has received a discharge certificate from a branch of the armed forces of the United States for civilian service recognized pursuant to federal law as service in the armed forces of the United States; and

                     (b) has been determined pursuant to federal law to have a one hundred percent permanent and total service-connected disability;

                (2) "honorably discharged" means discharged from the armed forces pursuant to a discharge other than a dishonorable or bad conduct discharge; and

                (3) "special benefit assessment" means an assessment or levy authorized by law for benefits, damages, construction, improvements or maintenance on property that is specially benefited by the benefits, damages, construction, improvements or maintenance; and includes an assessment or levy authorized by The Conservancy Act of New Mexico, the Public Improvement District Act, the Tax Increment for Development Act and other similar laws outside the Property Tax Code.

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