March 16, 2001

SENATE FLOOR AMENDMENT number ___1___ to HOUSE BILL 215

Amendment sponsored by Senator Patrick H. Lyons

1. On page 5, between lines 1 and 2, insert the following new section:

"Section 9. Section 35-1-23 NMSA 1978 (being Laws 1968, Chapter 62, Section 25, as amended) is amended to read:

"35-1-23. MAGISTRATE COURT--QUAY DISTRICT.--There shall be [one magistrate] two magistrates in Quay magistrate district, [whose principal court is in] division 1 in Tucumcari [The magistrate shall ride circuit to] and division 2 in San Jon [on a regularly scheduled basis]."".

2. Renumber the succeeding sections accordingly.

3. On page 11, between lines 18 and 19, insert the following sections:

"Section 13. TEMPORARY PROVISION--QUAY MAGISTRATE DISTRICT DIVISION 2--APPOINTMENT--ELECTION.--

A. The office of magistrate in Quay magistrate district division 2 shall be filled by appointment by the governor to begin serving on July 1, 2001. The appointed magistrate shall serve until his successor has been elected and qualified.

B. The first full term of office of the magistrate in Quay magistrate district division 2 shall be filled by election at the general election held in 2002, and that term of office shall begin on January 1, 2003.

Section 14. APPROPRIATION--QUAY MAGISTRATE DISTRICT.--One hundred thirty-eight thousand dollars ($138,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2002 to pay salaries and benefits of the Quay magistrate district division 2 magistrate and staff. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.".

4. Renumber the succeeding section accordingly.

_______________________________

Patrick H. Lyons

Adopted ___________________ Not Adopted ________________________

 (Chief Clerk) (Chief Clerk)

Date _________________