HOUSE BILL 410
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Randall T. Pettigrew and Stuart Ingle and Patricia A. Lundstrom and James G. Townsend and Candy Spence Ezzell
AN ACT
RELATING TO COUNTIES; INCREASING THE SALARY CAPS APPLICABLE TO ELECTED COUNTY OFFICIALS; PROVIDING FOR A CONSUMER PRICE INDEX ESCALATOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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.--Except as provided in Section 5 of this 2023 act, the annual salaries of elected officers of a class A county shall not exceed, for:
A. county commissioners, [thirty-nine thousand one hundred six dollars ($39,106)] forty-four thousand eight hundred ninety-five dollars ($44,895) each;
B. treasurer, [eighty-six thousand six hundred twenty-six dollars ($86,626)] one hundred six thousand ninety-five dollars ($106,095);
C. assessor, [eighty-six thousand six hundred twenty-six dollars ($86,626)] one hundred six thousand ninety-five dollars ($106,095);
D. sheriff, [ninety thousand three hundred thirty-?eight dollars ($90,338)] one hundred ten thousand six hundred forty-one dollars ($110,641);
E. county clerk, [eighty-six thousand six hundred twenty-six dollars ($86,626)] one hundred six thousand ninety-five dollars ($106,095); and
F. probate judge, [thirty-eight thousand one hundred fourteen dollars ($38,114)] forty-six thousand six hundred eighty dollars ($46,680)."
SECTION 2. 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--HIGH VALUATION--SALARIES.--Except as provided in Section 5 of this 2023 act, the annual salaries of elected officers of a class B county with an assessed valuation of over three hundred million dollars ($300,000,000) shall not exceed, for:
A. county commissioners, [thirty thousand one hundred ninety-six dollars ($30,196)] thirty-six thousand nine hundred eighty-two dollars ($36,982) each;
B. treasurer, [seventy-five thousand seven hundred thirty-three dollars ($75,733)] ninety-two thousand seven hundred fifty-four dollars ($92,754);
C. assessor, [seventy-five thousand seven hundred thirty-three dollars ($75,733)] ninety-two thousand seven hundred fifty-four dollars ($92,754);
D. sheriff, [seventy-eight thousand nine hundred fifty-two dollars ($78,952)] ninety-six thousand six hundred ninety-six dollars ($96,696);
E. county clerk, [seventy-five thousand seven hundred thirty-three dollars ($75,733)] ninety-two thousand seven hundred fifty-four dollars ($92,754); and
F. probate judge, [twenty-six thousand four hundred eighty-two dollars ($26,482)] thirty-two thousand four hundred thirty-three dollars ($32,433)."
SECTION 3. 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.--Except as provided in Section 5 of this 2023 act, the annual salaries of elected officers of a class B 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, [twenty-one thousand five hundred thirty-four dollars ($21,534)] twenty-six thousand three hundred seventy-three dollars ($26,373) each;
B. treasurer, [sixty-four thousand eight hundred forty-four dollars ($64,844)] seventy-nine thousand four hundred eighteen dollars ($79,418);
C. assessor, [sixty-four thousand eight hundred forty-four dollars ($64,844)] seventy-nine thousand four hundred eighteen dollars ($79,418);
D. sheriff, [sixty-seven thousand eight hundred fourteen dollars ($67,814)] eighty-three thousand fifty-five dollars ($83,055);
E. county clerk, [sixty-four thousand eight hundred forty-four dollars ($64,844)] seventy-nine thousand four hundred eighteen dollars ($79,418); and
F. probate judge, [fifteen thousand ninety-eight dollars ($15,098)] eighteen thousand four hundred ninety-one dollars ($18,491)."
SECTION 4. 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.--
A. Except as provided in Section 5 of this 2023 act, the annual salaries of elected or appointed part-time officers of an H class county shall not exceed, for:
(1) county commissioners, [fifteen thousand eight hundred forty-four dollars ($15,844)] nineteen thousand four hundred five dollars ($19,405) each;
(2) treasurer, [seven thousand nine hundred twenty-two dollars ($7,922)] nine thousand seven hundred two dollars ($9,702);
(3) assessor, [seven thousand nine hundred twenty-two dollars ($7,922)] nine thousand seven hundred two dollars ($9,702);
(4) sheriff, [seven thousand nine hundred twenty-two dollars ($7,922)] nine thousand seven hundred two dollars ($9,702);
(5) county clerk, [seven thousand nine hundred twenty-two dollars ($7,922)] nine thousand seven hundred two dollars ($9,702); and
(6) probate judge, [four thousand six hundred thirty-six dollars ($4,636)] five thousand six hundred seventy-eight dollars ($5,678).
B. Except as provided in Section 5 of this 2023 act, the annual salaries of elected or appointed full-time officers of an H class county shall not exceed, for:
(1) treasurer, [seventy-five thousand seven hundred thirty-three dollars ($75,733)] ninety-two thousand seven hundred fifty-four dollars ($92,754);
(2) assessor, [seventy-five thousand seven hundred thirty-three dollars ($75,733)] ninety-two thousand seven hundred fifty-four dollars ($92,754);
(3) sheriff, [seventy-eight thousand nine hundred fifty-two dollars ($78,952)] ninety-six thousand six hundred ninety-six dollars ($96,696); and
(4) county clerk, [seventy-five thousand seven hundred thirty-three dollars ($75,733)] ninety-two thousand seven hundred fifty-four dollars ($92,754).
C. The governing body of an H class county shall designate whether each of the offices of treasurer, assessor, sheriff and county clerk is part time or full time; however, 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."
SECTION 5. A new section of Chapter 4, Article 44 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COUNTY SALARIES--DEPARTMENT ASSISTANCE--CONSUMER PRICE INDEX--ESCALATOR.--
A. On July 1, 2024 and on July 1 of each successive year, the salaries provided by Sections 4-44-4, 4-44-4.1, 4-44-5 and 4-44-14 NMSA 1978 shall be adjusted by multiplying the salaries provided in those sections as of July 1, 2023 by a fraction, the numerator of which is the consumer price index of the previous year and the denominator of which is the consumer price index for calendar year 2022; provided that a salary shall not be adjusted downward as a result of a decrease in the consumer price index; and provided further that an increase shall not take effect until the first day of the term of an elected or appointed county official.
B. Upon request, the local government division of the department of finance and administration shall provide assistance to counties in the calculation of the consumer price index.
C. As used in this section, "consumer price index" means the consumer price index, not seasonally adjusted, for all urban consumers, United States city average for all items or its successor index, as published by the United States department of labor for a calendar year."
SECTION 6. APPLICABILITY.--An increase in a permitted maximum salary provided by the provisions of this 2023 act shall not take effect until the first day of the term of an elected or appointed county official who takes office after the effective date of this act.
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