HOUSE BILL 69

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

INTRODUCED BY

Bob Wooley

AN ACT

RELATING TO COUNTIES; ADJUSTING THE SALARY CAPS APPLICABLE TO ELECTED COUNTY OFFICIALS; ELIMINATING THE CLASS "C" COUNTY CLASSIFICATION; REPEALING SECTION 4-44-6 NMSA 1978 (BEING LAWS 1957, CHAPTER 196, SECTION 4, AS AMENDED).

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

     SECTION 1. Section 4-44-1 NMSA 1978 (being Laws 1957, Chapter 196, Section 1, as amended) is amended to read:

     "4-44-1. CLASSIFICATION FOR SALARY PURPOSES.--

          A. For the purpose of fixing salaries of county officers, the several counties of the state, except "H" class counties, are [hereby] classified as follows:

                (1) those having a final, full assessed valuation of over seventy-five million dollars ($75,000,000) and [having] a population of one hundred thousand persons or more as determined by the most current annual population data or estimate available from the United States census bureau, as class "A" counties; and

                (2) those having a final, full assessed valuation [in excess] of over seventy-five million dollars ($75,000,000) [with] and a population of less than one hundred thousand persons as determined by the most current annual population data or estimate available from the United States census bureau, as class "B" counties [and

                (3) those having a final, full assessed valuation equal to or less than seventy-five million dollars ($75,000,000) with a population of less than one hundred thousand persons as determined by the most current annual population data or estimate available from the United States census bureau, as class "C" counties].

          B. The assessed valuation for each year [shall be] is the full valuation as finally fixed for that year."

     SECTION 2. 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 a class A [counties] county shall not exceed, for:

          A. county commissioners, [thirty-four thousand five dollars ($34,005)] thirty-nine thousand one hundred six dollars ($39,106) each;

          B. treasurer, [seventy-five thousand three hundred twenty-seven dollars ($75,327)] eighty-six thousand six hundred twenty-six dollars ($86,626);

          C. assessor, [seventy-five thousand three hundred twenty-seven dollars ($75,327)] eighty-six thousand six hundred twenty-six dollars ($86,626);

          D. sheriff, [seventy-eight thousand five hundred fifty-five dollars ($78,555)] ninety thousand three hundred thirty-eight dollars ($90,338);

          E. county clerk, [seventy-five thousand three hundred twenty-seven dollars ($75,327)] eighty-six thousand six hundred twenty-six dollars ($86,626); and

          F. probate judge, [thirty-three thousand one hundred forty-three dollars ($33,143)] thirty-eight thousand one hundred fourteen dollars ($38,114)."

     SECTION 3. 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 ($300,000,000)] HIGH VALUATION--SALARIES.--The annual salaries of elected officers of a class B [counties] county with an assessed valuation of over three hundred million dollars ($300,000,000) shall not exceed, for:

          A. county commissioners, [twenty-six thousand two hundred fifty-seven dollars ($26,257)] thirty thousand one hundred ninety-six dollars ($30,196) each;

          B. treasurer, [sixty-five thousand eight hundred fifty-five dollars ($65,855)] seventy-five thousand seven hundred thirty-three dollars ($75,733);

          C. assessor, [sixty-five thousand eight hundred fifty-five dollars ($65,855)] seventy-five thousand seven hundred thirty-three dollars ($75,733);

          D. sheriff, [sixty-eight thousand six hundred fifty-four dollars ($68,654)] seventy-eight thousand nine hundred fifty-two dollars ($78,952);

          E. county clerk, [sixty-five thousand eight hundred fifty-five dollars ($65,855)] seventy-five thousand seven hundred thirty-three dollars ($75,733); and

          F. probate judge, [twenty-three thousand twenty- eight dollars ($23,028)] twenty-six thousand four hundred eighty-two dollars ($26,482)."

     SECTION 4. 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--INTERMEDIATE VALUATION-- SALARIES.--The annual salaries of elected officers of a class B [counties] county 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, for:

          A. county commissioners, [eighteen thousand seven hundred twenty-five dollars ($18,725)] twenty-one thousand five hundred thirty-four dollars ($21,534) each;

          B. treasurer, [fifty-six thousand three hundred eighty-six dollars ($56,386)] sixty-four thousand eight hundred forty-four dollars ($64,844);

          C. [county] assessor, [fifty-six thousand three hundred eighty-six dollars ($56,386)] sixty-four thousand eight hundred forty-four dollars ($64,844);

          D. [county] sheriff, [fifty-eight thousand nine hundred sixty-nine dollars ($58,969)] sixty-seven thousand eight hundred fourteen dollars ($67,814);

          E. county clerk, [fifty-six thousand three hundred eighty-six dollars ($56,386)] sixty-four thousand eight hundred forty-four dollars ($64,844); and

          F. probate judge, [thirteen thousand one hundred twenty-nine dollars ($13,129)] fifteen thousand ninety-eight dollars ($15,098)."

     SECTION 5. Section 4-44-12.3 NMSA 1978 (being Laws 1991, Chapter 91, Section 1, as amended) is amended to read:

     "4-44-12.3. LEGISLATIVE INTENT--UNIFORM SALARY CHANGES.--

          A. The intent of the legislature when [enacting salary increases for] increasing the maximum salaries of elected county officials is to provide for equitable salary increases.

          B. [In accordance with Sections 4-44-3 through

4-44-6 NMSA 1978] The majority of a board of county commissioners may provide for salary increases for elected county officials; [provided] however, [that no] a salary increase shall not take effect until the first day of the term of an elected county official who takes office after the date that salary increase is approved."

     SECTION 6. 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] The annual salaries of elected or appointed [in a county of the H class to an office that is designated as part-time shall receive no more than the following annual salaries] part-time officers of an H class county shall not exceed, for:

                (1) county commissioners, [thirteen thousand seven hundred seventy-seven dollars ($13,777)] fifteen thousand eight hundred forty-four dollars ($15,844) each;

                (2) treasurer, [six thousand eight hundred eighty-nine dollars ($6,889)] seven thousand nine hundred twenty-two dollars ($7,922);

                (3) assessor, [six thousand eight hundred eighty-nine dollars ($6,889)] seven thousand nine hundred twenty-two dollars ($7,922);

                (4) sheriff, [six thousand eight hundred eighty-nine dollars ($6,889)] seven thousand nine hundred twenty-two dollars ($7,922);

                (5) county clerk, [six thousand eight hundred eighty-nine dollars ($6,889)] seven thousand nine hundred twenty-two dollars ($7,922); and

                (6) probate judge, [four thousand thirty-one dollars ($4,031)] four thousand six hundred thirty-six dollars ($4,636).

          B. [Officers who are] The annual salaries of elected or appointed [in a county of the H class to an office that is designated as full-time shall receive no more than the following annual salaries] full-time officers of an H class county shall not exceed, for:

                (1) treasurer, [sixty-five thousand eight hundred fifty-five dollars ($65,855)] seventy-five thousand seven hundred thirty-three dollars ($75,733);

                (2) assessor, [sixty-five thousand eight hundred fifty-five dollars ($65,855)] seventy-five thousand seven hundred thirty-three dollars ($75,733);

                (3) sheriff, [sixty-eight thousand six hundred fifty-four dollars ($68,654)] seventy-eight thousand nine hundred fifty-two dollars ($78,952); and

                (4) county clerk, [sixty-five thousand eight hundred fifty-five dollars ($65,855)] seventy-five thousand seven hundred thirty-three dollars ($75,733).

          C. The governing body of an H class county shall designate whether [the office] each of the offices of treasurer, assessor, sheriff [or] and county clerk is part time or full time; [provided] however, [that no] a change in that designation shall not take effect until the first day of the term of an elected county official who takes office after the change in designation is approved.

          [D. The governing body of an H class county shall provide for salaries for the elected officials of the county pursuant to Section 4-44-12.3 NMSA 1978.]"

     SECTION 7. REPEAL.--Section 4-44-6 NMSA 1978 (being Laws 1957, Chapter 196, Section 4, as amended) is repealed.

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