HOUSE JOINT RESOLUTION 14

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Carl Trujillo and Linda M. Trujillo

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 8, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO AUTHORIZE THE LEGISLATURE TO PROVIDE FOR THE VALUATION OF RESIDENTIAL PROPERTY THAT CONTAINS ONE OR TWO DWELLINGS, FOR PROPERTY TAX PURPOSES, IN A MANNER THAT ALLOWS MUNICIPALITIES AND COUNTIES TO TEMPORARILY EXCLUDE THE VALUE OF IMPROVEMENTS MADE TO THE PROPERTY THAT ARE DIRECTLY RELATED TO INCREASING THE NUMBER OF DWELLINGS ON THE PROPERTY.

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] 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 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. The legislature may provide by law for the valuation of residential property that contains one or two dwellings, for property taxation purposes, in a manner that excludes the value of improvements made to the property that are directly related to increasing the number of dwellings on the property. The exclusion of the value of the improvements from the valuation of the property may be authorized for no more than seven years at the option of the members of the governing body of a municipality or county in which the property is located."

     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.

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