45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO COUNTY OFFICERS; PROVIDING FOR THE COUNTY CLERK OF A COUNTY TO BE EMPLOYED BY THE COUNTY MANAGER OR BOARD OF COUNTY COMMISSIONERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 4-38-6 NMSA 1978 (being Laws 1899, Chapter 30, Section 1, as amended) is amended to read:
"4-38-6. ELECTION--TERM.--
A. In each county, all county commissioners shall be elected to serve four-year terms, subject to the provisions of Subsection B of this section.
B. In those counties that consist of a three-member board of county commissioners, the secretary of state shall designate by lottery the terms for each county commission district, which shall elect two county commissioners for terms of four years and one county commissioner for a term of two years. The terms for two commissioners shall expire in the same year.
C. In those counties that, prior to 1992, have not
had four-year terms for elected officials, the assessor,
sheriff and probate judge shall be elected to four-year terms
and the treasurer [and clerk] shall be elected to a two-year
[terms] term in the 1994 general election; thereafter, all
elected officials shall be elected for terms of four years.
The terms of the assessor, sheriff and probate judge shall
expire in the same year, and the [terms] term of the treasurer
[and clerk] shall expire in the same year."
Section 2. A new section of Chapter 4, Article 40 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COUNTY CLERK--EMPLOYMENT.--The county clerk of each county shall be employed by the county manager. If the county does not have a county manager, the board of county commissioners shall employ the county clerk. The county clerk shall receive a salary to be set by the county manager, subject to approval by the board of county commissioners."
Section 3. Section 4-44-4 NMSA 1978 (being Laws 1957, Chapter 196, Section 2, as amended) is amended to read:
"4-44-4. CLASS A COUNTIES--SALARIES.--The annual salaries of elected officers of class A counties shall not exceed:
A. county commissioners, twenty-two thousand three hundred fifty-eight dollars ($22,358) each;
B. treasurer, forty-nine thousand five hundred twenty-eight dollars ($49,528);
C. assessor, forty-nine thousand five hundred twenty-eight dollars ($49,528);
D. sheriff, fifty-one thousand six hundred fifty dollars ($51,650);
[E. county clerk, forty-nine thousand five hundred
twenty-eight dollars ($49,528);
F.] E. probate judge, twenty-one thousand seven
hundred ninety-two dollars ($21,792); and
[G.] F. county surveyor, nineteen thousand four
hundred forty-two dollars ($19,442)."
Section 4. Section 4-44-4.1 NMSA 1978 (being Laws 1986, Chapter 67, Section 2, as amended) is amended to read:
"4-44-4.1. CLASS B COUNTIES--OVER THREE HUNDRED MILLION DOLLARS VALUATION--SALARIES.--The annual salaries of elected officers of class B counties with an assessed valuation of over three hundred million dollars ($300,000,000) shall not exceed:
A. county commissioners, seventeen thousand two hundred sixty-four dollars ($17,264) each;
B. treasurer, forty-three thousand three hundred one dollars ($43,301);
C. assessor, forty-three thousand three hundred one dollars ($43,301);
D. sheriff, forty-five thousand one hundred forty-one dollars ($45,141);
[E. county clerk, forty-three thousand three
hundred one dollars ($43,301);
F.] E. probate judge, fifteen thousand one hundred
forty-one dollars ($15,141); and
[G.] F. county surveyor, a reasonable rate of
compensation as determined by the board of county
commissioners."
Section 5. Section 4-44-5 NMSA 1978 (being Laws 1957, Chapter 196, Section 3, as amended) is amended to read:
"4-44-5. CLASS B COUNTIES--SALARIES.--The annual salaries of elected officers of class B counties with an assessed valuation of over seventy-five million dollars ($75,000,000) but under three hundred million dollars ($300,000,000) shall not exceed:
A. county commissioners, twelve thousand three hundred eleven dollars ($12,311) each;
B. treasurer, thirty-seven thousand seventy-five dollars ($37,075);
C. county assessor, thirty-seven thousand seventy-five dollars ($37,075);
D. county sheriff, thirty-eight thousand seven hundred seventy-three dollars ($38,773);
[E. county clerk, thirty-seven thousand seventy-five dollars ($37,075);
F.] E. probate judge, eight thousand six hundred
thirty-two dollars ($8,632); and
[G.] F. county surveyor, a reasonable rate of
compensation as determined by the board of county
commissioners."
Section 6. Section 4-44-6 NMSA 1978 (being Laws 1957, Chapter 196, Section 4, as amended) is amended to read:
"4-44-6. CLASS C COUNTIES--SALARIES.--The annual salaries of elected officers of class C counties shall not exceed:
A. county commissioners, twelve thousand three hundred eleven dollars ($12,311) each;
B. county treasurer, thirty-seven thousand seventy-five dollars ($37,075);
C. county assessor, thirty-seven thousand seventy-five dollars ($37,075);
D. county sheriff, thirty-eight thousand seven hundred seventy-three dollars ($38,773);
[E. county clerk, thirty-seven thousand seventy-five dollars ($37,075);
F.] E. probate judge, eight thousand six hundred
thirty-two dollars ($8,632); and
[G.] F. county surveyor, a reasonable rate of
compensation as determined by the board of county
commissioners."
Section 7. Section 4-44-7 NMSA 1978 (being Laws 1957, Chapter 196, Section 5, as amended) is amended to read:
"4-44-7. FIRST CLASS COUNTIES--OVER TWENTY-SEVEN MILLION DOLLARS VALUATION--SALARIES.--The annual salaries of elected officers of counties of the first class with an assessed valuation of over twenty-seven million dollars ($27,000,000) but under forty-five million dollars ($45,000,000) shall not exceed:
A. county commissioners, eleven thousand one hundred seventy-nine dollars ($11,179) each;
B. treasurer, twenty-seven thousand one hundred seventy dollars ($27,170);
C. assessor, twenty-seven thousand one hundred seventy dollars ($27,170);
D. sheriff, twenty-nine thousand two hundred ninety-two dollars ($29,292);
[E. county clerk, twenty-seven thousand one
hundred seventy dollars ($27,170);
F.] E. probate judge, seven thousand two hundred
seventeen dollars ($7,217); and
[G.] F. county surveyor, a reasonable rate of
compensation as determined by the board of county
commissioners."
Section 8. Section 4-44-8 NMSA 1978 (being Laws 1957, Chapter 196, Section 6, as amended) is amended to read:
"4-44-8. FIRST CLASS COUNTIES--UNDER TWENTY-SEVEN MILLION DOLLARS VALUATION--SALARIES.--The annual salaries of elected officers of counties of the first class with an assessed valuation of over fourteen million dollars ($14,000,000) but under twenty-seven million dollars ($27,000,000) shall not exceed:
A. county commissioners, seven thousand five hundred dollars ($7,500) each;
B. treasurer, twenty-three thousand sixty-six dollars ($23,066);
C. assessor, twenty-three thousand sixty-six dollars ($23,066);
D. sheriff, twenty-nine thousand two hundred ninety-two dollars ($29,292);
[E. county clerk, twenty-three thousand sixty-six
dollars ($23,066);
F.] E. probate judge, six thousand six hundred
fifty dollars ($6,650); and
[G.] F. county surveyor, a reasonable rate of
compensation as determined by the board of county
commissioners."
Section 9. Section 4-44-14 NMSA 1978 (being Laws 1955, Chapter 4, Section 2, as amended) is amended to read:
"4-44-14. H CLASS COUNTIES--SALARIES AND EXPENSES.--
A. Officers elected or appointed in the counties of the H class shall receive the following annual salaries:
(1) county commissioners, one dollar ($l.00);
(2) treasurer, one dollar ($1.00);
(3) assessor, one dollar ($1.00);
(4) sheriff, one dollar ($1.00);
[(5) county clerk, one dollar ($l.00);
(6)] (5) probate judge, two thousand six
hundred fifty dollars ($2,650); and
[(7)] (6) county surveyor, not to exceed ten
dollars ($10.00) per day for each day actually employed under
orders by the board of county commissioners, such employment
not to exceed fifty days in any one year.
B. The elected H class county officials listed in Subsection A of this section, except probate judge, in addition to the salaries prescribed shall be entitled to receive as per diem expense the sum of not more than fifteen dollars ($15.00) while in actual attendance at county commission meetings or while engaged in the performance of their official duties for the county. However, the total per diem expense allowance for each elected H class county official listed in Subsection A of this section shall not exceed three hundred fifty dollars ($350) in any fiscal year. Such per diem expense shall be in addition to any allowance for sheriff's mileage or for other out-of-county expenses allowed for all officials by law and shall be budgeted, paid and audited as provided by laws governing expenditures of county funds."
Section 10. Section 4-44-15 NMSA 1978 (being Laws 1955, Chapter 4, Section 4) is amended to read:
"4-44-15. H CLASS COUNTY--FEES--DISPOSITION.--Any and
all fees now or hereafter allowed by statute or collected or
received by any of the officers enumerated in Section 4-44-14
NMSA 1978 or by the county clerk shall be covered into the
general fund of [such] the H class county and shall be
disbursed for public purposes under the supervision and
authority of the board of county commissioners of [said] that
county."
Section 11. Section 4-44-36 NMSA 1978 (being Laws 1953, Chapter 167, Section 1, as amended) is amended to read:
"4-44-36. ABOLISHMENT OF CERTAIN COUNTY OFFICES.--Any
county of the third, fourth [and] or fifth class and H class
counties may abolish the offices of county assessor, [county
clerk] county surveyor and county treasurer and transfer the
powers and duties of those offices to the board of county
commissioners in the manner [hereinafter] prescribed in
Sections 4-44-37 through 4-44-45 NMSA 1978. Any county may
abolish the office of county surveyor and transfer the powers
and duties of that office to the board of county commissioners
in the manner [hereinafter] prescribed in those sections."
Section 12. Section 4-44-40 NMSA 1978 (being Laws 1953, Chapter 167, Section 5) is amended to read:
"4-44-40. ELECTION JUDGES AND CLERKS--FORM OF BALLOT.--At [such] an election held [hereunder] pursuant to Chapter 4,
Article 44 NMSA 1978, there shall be three [(3)] election
judges and two [(2)] election clerks for each polling place.
Ballots shall be printed and furnished by the board of county
commissioners, which ballots shall read as follows:
Shall the offices of county assessor, [county
clerk] county surveyor and county treasurer be
abolished and the powers and duties of such
officers be transferred to the board of county
commissioners?
YES __________
NO _________."
Section 13. Section 4-44-44 NMSA 1978 (being Laws 1953, Chapter 167, Section 11) is amended to read:
"4-44-44. PETITION FOR RESTORATION OF OFFICES--ELECTION.--
[(a)] A. Whenever any county has abolished the
offices of county assessor, [county clerk] county surveyor and
county treasurer and transferred the powers and duties of
[such] those offices to the board of county commissioners as
[herein] provided in Chapter 4, Article 44 NMSA 1978, a
petition may be filed with the board of county commissioners
of [such] that county requesting that an election be held to
determine whether the county offices previously abolished are
to be reestablished and the powers and duties previously
transferred to the board of county commissioners are to be
returned to the offices from which they were transferred.
[Such] The petition shall be signed by at least ten [(10)]
percent of the registered electors of the county.
[(b)] B. Except as provided in this [paragraph
(b)] subsection upon the filing of the petition provided for
in this section, the provisions of Sections [3, 4, 5, 6, 7 and
8 of this Act] 4-44-38 through 4-44-43 NMSA 1978 shall be
applicable. Ballots for an election to reestablish county
offices previously abolished and to return to [such] those
offices the powers and duties previously transferred from
[such] the offices shall read as follows:
Shall the offices of county assessor, [county
clerk] county surveyor and county treasurer be
reestablished and the powers and duties of [such]
those offices previously transferred to the board of
county commissioners be returned to the offices from
which they were transferred?
YES __________
NO _________.
If a majority of those voting on the above question [have]
has voted "Yes", [such] the offices shall be reestablished
as of January [1st] 1 of the next odd-numbered year, and
upon [such] that date all powers and duties previously
transferred from [such] the offices shall be returned to
the office from which they had been previously
transferred."
Section 14. REPEAL.--Section 4-44-13 NMSA 1978 (being Laws 1957, Chapter 196, Section 12, as amended) is repealed.
Section 15. CONTINGENT EFFECTIVE DATE.--The effective date of the provisions of this act is the January 1 after the people have adopted a constitutional amendment entitled "PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO ABOLISH THE ELECTED POSITION OF COUNTY CLERK.".