0001| HOUSE BILL 1172 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| NICK L. SALAZAR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LAND GRANTS; REVISING ELECTION PROCEDURES FOR THE | 0012| NUESTRA SENORA DEL ROSARIO, SAN FERNANDO Y SANTIAGO LAND GRANT; | 0013| AMENDING SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 49-8-1 NMSA 1978 (being Laws 1909, | 0017| Chapter 52, Section 1) is amended to read: | 0018| "49-8-1. NUESTRA SENORA DEL ROSARIO, SAN FERNANDO Y | 0019| SANTIAGO GRANT--TRUSTEES--ELECTION. [Sec. 64.] The | 0020| government and control of the common lands of the land grant | 0021| known as the "Nuestra Senora del Rosario, San Fernando y | 0022| Santiago land grant" is [hereby] vested in [three] five | 0023| trustees, to be known officially as "the board of trustees of | 0024| the Nuestra Senora del Rosario, San Fernando y Santiago land | 0025| grant", who shall be elected [annually] biennially by the | 0001| owners of interests in [said] the grant either by | 0002| inheritance from the original grantees [thereof] or by | 0003| purchase from an heir [therein]." | 0004| Section 2. Section 49-8-2 NMSA 1978 (being Laws 1909, | 0005| Chapter 52, Section 2) is amended to read: | 0006| "49-8-2. ELECTIONS--RIGHT TO VOTE. [Sec. 65.] | 0007| A. [In each year] On the [second] first | 0008| Monday of April of each alternate year, an election shall be | 0009| held after the trustees [shall] have given at least [three] | 0010| seven days notice thereof by posting not less than five | 0011| notices in conspicuous places within [said] the grant, | 0012| which shall include the post offices at Truchas, Cordova, | 0013| formerly known as Quemado, and Chimayo. [The trustees shall | 0014| receive all written or printed ballots presented at said | 0015| election between the hours of 3 and 5 p.m., which ballots] | 0016| Except as provided in Chapter 49, Article 8 NMSA 1978, the | 0017| election shall be conducted as nearly as practical in the same | 0018| manner as provided in the Election Code for the conduct of | 0019| general elections, provided that the board of trustees of the | 0020| Nuestra Senora del Rosario, San Fernando y Santiago land grant | 0021| and the secretary of the board shall perform the functions | 0022| designated in that code for the county commission and the | 0023| county clerk, respectively, and provided further that no | 0024| registration shall be required. Official ballots for voting | 0025| shall contain the names of not [more] less than five owners | 0001| of interests in [said] the grant. [and shall canvass said | 0002| votes and declare] The five persons receiving the highest | 0003| number of votes [to] shall be elected as trustees for the | 0004| ensuing [year] two years. | 0005| B. At all elections, every owner of an undivided | 0006| interest in [said] the grant shall be entitled to one vote. | 0007| The trustees in charge of [such] the election shall prepare | 0008| from the best information obtainable a list of all owners of | 0009| interest in [said] the grant and shall deliver the [same] | 0010| list to their successors. Any person claiming to be the | 0011| owner of an interest whose claim is not admitted by the | 0012| trustees may file with them an oath in writing, stating that he | 0013| is [such] an owner and giving as fully as he can the chain | 0014| of title to [such] his interest [and]. If [such] his | 0015| claim [be] is substantiated by the oaths in writing of two | 0016| owners of such interests, he shall be permitted to vote at | 0017| [such] the election." | 0018| Section 3. Section 49-8-3 NMSA 1978 (being Laws 1909, | 0019| Chapter 52, Section 3) is amended to read: | 0020| "49-8-3. OFFICERS--MEETING--VACANCIES. [Sec. 66.] The | 0021| members of the board of trustees so elected shall meet within | 0022| one week after the election and organize by the election of a | 0023| president, secretary and treasurer who shall perform such | 0024| duties as may be required of them by [such] the board. A | 0025| majority of the board shall constitute a quorum for the | 0001| transaction of business. All meetings of [said] the board | 0002| shall be open to all owners of interests in [said] the | 0003| grant, who shall have the right to be present and to be heard | 0004| on all matters on which they may be interested. If a vacancy | 0005| [shall occur] occurs in [such] the board, the remaining | 0006| members [thereof] shall fill [such] the vacancy by | 0007| appointment until the next [annual] election. The board may | 0008| make such rules as to its meetings and order of business as it | 0009| [shall think] deems proper." | 0010| Section 4. Section 49-8-4 NMSA 1978 (being Laws 1909, | 0011| Chapter 52, Section 4) is amended to read: | 0012| "49-8-4. BOARD OF TRUSTEES--POWERS. [Sec. 67. Said] | 0013| The board of trustees shall have the following general | 0014| powers: | 0015| [1.] A. to control, care for and manage the | 0016| common lands of [said] the grant and all the property | 0017| pertaining thereto, [and] to prescribe the terms on which | 0018| they may be used and to make all necessary and proper | 0019| regulations for the government thereof; | 0020| [2.] B. to sue and be sued under the title | 0021| [aforesaid] set forth in Section 49-8-1 NMSA 1978; | 0022| [3.] C. to lease any portions of [said] the | 0023| common land or the pasturage thereon and to sell any timber, | 0024| wood, stone, grass or other product or personal property of | 0025| [said] the grant; | 0001| [4.] D. to pay all taxes and other expenses due | 0002| on [said] the common land; and | 0003| [5.] E. in case the income exceeds the | 0004| expenses, to expend the balance [in such] to benefit all the | 0005| owners equitably or for improvements upon [said] the | 0006| common land [as] that will be for the general benefit of | 0007| the owners. | 0008| The board of trustees shall make a report in writing of | 0009| its transactions during the preceding year, including an | 0010| account of all [moneys] money received and expended, at the | 0011| opening of the annual meeting of the owners [of interests at | 0012| the time of each annual election]." | 0013|  State of New Mexico | 0014| House of Representatives | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| February 27, 1997 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your VOTERS AND ELECTIONS COMMITTEE, to whom has | 0001| been referred | 0002| | 0003| HOUSE BILL 1172 | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| Edward C. Sandoval, Chairman | 0015| | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 9 For 0 Against | 0024| Yes: 9 | 0025| Excused: Garcia, Lujan, Nicely | 0001| Absent: None | 0002| | 0003| | 0004| G:\BILLTEXT\BILLW_97\H1172 | 0005| | 0006| FORTY-THIRD LEGISLATURE | 0007| FIRST SESSION, 1997 | 0008| | 0009| | 0010| March 8, 1997 | 0011| | 0012| Mr. President: | 0013| | 0014| Your RULES COMMITTEE, to whom has been referred | 0015| | 0016| HOUSE BILL 1172 | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO PASS. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| __________________________________ | 0002| Gloria Howes, Chairman | 0003| | 0004| | 0005| | 0006| Adopted_______________________ Not | 0007| Adopted_______________________ | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| | 0011| | 0012| Date ________________________ | 0013| | 0014| | 0015| The roll call vote was 5 For 0 Against | 0016| Yes: 5 | 0017| No: 0 | 0018| Excused: Altamirano, Aragon, Gorham | 0019| Absent: None | 0020| | 0021| | 0022| H1172RU1 |