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F I S C A L I M P A C T R E P O R T

SPONSOR Miera

DATE TYPED 1/25/05

HB 134

SHORT TITLE Election of County Assessors

SB

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to county assessors (Chapter 4, Articles 38 and 39 NMSA 1978)

Partially Duplicates Section 4-39-6(C) NMSA 1978

SOURCES OF INFORMATION

LFC Files

NMSA 1978

Denise Lamb, former Bureau of Elections Director

Secretary of State

Response Received From

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

House Bill 134 provides for the election of a county assessor for each county in the state. Pursu-

ant to Section 4-39-1 NMSA 1978 (being Laws 1993, Chapter 119, Section 2), the statute pro-

viding for the election of a county assessor as enacted by Laws 1884, Chapter 63, Section 1 was

repealed. This bill also clarifies that the duties, powers and compensation shall be prescribed by

law.

Significant Issues

Although the provision calling for the election of county assessors, Section 4-39-1 NMSA 1978,

was repealed in 1993, that same year the statue was amended with Section 4-39-6(C) NMSA

1978 which reads:

House Bill 134 -- Page 2

“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 treas-

urer and clerk shall be elected to two-year terms 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 of the treasurer and

clerk shall expire in the same year.”

Thus, Section 4-39-6(C) carries the provision for the election of county assessors. The original

provision for the election of county assessors was repealed and replaced with the above section

in order to provide for staggered terms among county elected officials.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

This bill serves to clarify that the duties, powers, and compensation of the county assessor. How-

ever, with respect to the election of county assessors, the provision in this bill is not necessary as

it duplicates existing statute (Section 4-39-6(C) NMSA 1978).

DXM/yr