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

SPONSOR Taylor

DATE TYPED 3/8/05

HB

SHORT TITLE Revise County Annexation Election Procedures

SB 961

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Attorney General (AG)

Secretary of State (SOS)

Response Not Received From

New Mexico Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 961 amends statute as it relates to the creation or change of counties. The bill requires

that a petition seeking the annexation for territory from one county into a new or existing county:

•

set forth the facts demonstrating the existence or conditions, which deem valid grounds

for annexation;

•

be signed by the majority of qualified electors residing in the territory to be annexed;

•

be accompanied by maps showing the external boundaries of the territory to be annexed;

•

and be presented to the county commissioners of the county into which the territory is be-

ing annexed.

The bill further requires that the county commissioners of the county annexing the territory ex-

press, by ordinance, their consent or rejection to the annexation of contiguous territory and allo-

cate sufficient funds to pay for one-half of the costs of any elections creating or changing coun-

ties.

The bill repeals the exception for petitions filed with a county commission pursuant to Chapter

196 of Laws 1947 and expands the requirements of election judges in such annexation elections

Senate Bill 961 -- Page 2

to conform to the Election Code and provide that the cost of such annexation elections be borne

by both counties equally. Finally, the bill requires that the counting and canvassing of votes in

such annexation elections be conducted pursuant to the Election Code.

Significant Issues

According to the Attorney General’s staff analysis, language in the bill creates some confusion.

The Attorney General’s Office states:

“Section 4-33-2(A) NMSA 1978 states the petition shall be filed with the county where

the land is located (i.e. county losing the land). Section 4-33-2(B)(4) states the petition

shall be filed with the county “into which the territory is to be annexed.” (i.e. county

gaining the land). Is the petition filed in both.

Section 4-33-3(A) states once the county that is gaining the land consents to the plan,

then the petition shall be submitted to the county “from which the territory is proposed to

be annexed” (i.e. county losing the land). Is this a second submittal of the petition to the

county losing the land.

Section 4-33-3(B) states the judge shall determine whether the allegations are “correct.”

What does “correct” mean. The existing language “well-taken” appears to apply a lesser

burden (i.e. reasonable).”

POSSIBLE QUESTIONS

What was the cost of the most recent county annexation election.

DXM/rs