SENATE BILL 319
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
John T. L. Grubesic
AN ACT
RELATING TO COUNTIES; ELIMINATING THE ELECTED POSITION OF COUNTY SURVEYOR; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-10-8 NMSA 1978 (being Laws 1977, Chapter 222, Section 31, as amended) is amended to read:
"1-10-8. BALLOTS--PRIMARY AND GENERAL ELECTIONS--ORDER OF OFFICES.--The ballot used in the primary and general elections shall contain, when applicable, the offices to be voted on in the following order:
A. president and vice president;
B. United States senator;
C. United States representative;
D. candidates for state offices to be voted on at large, in order prescribed by the secretary of state;
E. state senator;
F. state representative;
G. other district candidates, in the order prescribed by the secretary of state;
H. metropolitan and magistrate judges;
I. county commissioners;
J. county clerk;
K. county treasurer;
L. county assessor;
M. county sheriff;
N. probate judge;
[O. county surveyor, if applicable] and
[P.] O. other issues as prescribed by the secretary of state."
Section 2. Section 4-35-1 NMSA 1978 (being Laws 1912, Chapter 45, Section 1, as amended) is amended to read:
"4-35-1. [COUNTY] BOUNDARIES--DISPUTE--[PROCEDURE] COMMISSION TO SETTLE.--[Sec. 113. That] Whenever the location of the boundary line between two or more counties is in dispute, [such] the controversy shall be settled by a boundary commission consisting of the [chairman] chair of the board of county commissioners and [county surveyor] a licensed professional surveyor appointed by the board of county commissioners of each of the counties affected by [such] the dispute and the district attorney of the district in which [such] the counties are situate. If such counties are in more than one judicial district, the district attorney of each district shall be a member of [such] the commission."
Section 3. Section 4-42-1 NMSA 1978 (being Laws 1891, Chapter 33, Section 1, as amended) is amended to read:
"4-42-1. COUNTY SURVEYOR [ELECTION--QUALIFICATIONS].--The elected office of county surveyor is [created in the several counties. No person is eligible to hold the office who is not a practical land surveyor actually engaged in the business. A county surveyor shall be elected for each county in the same manner that other county officers are elected, and he shall hold his office for the term of two years and until his successor is elected and qualified. His term of office shall commence on January 1 succeeding his election] abolished."
Section 4. Section 4-42-15 NMSA 1978 (being Laws 1912, Chapter 34, Section 1, as amended) is amended to read:
"4-42-15. COUNTY SURVEYS.--The board of county commissioners is authorized to have the lands of the county, or any portion thereof, surveyed by [the county surveyor, another surveyor deputized by him or any] a licensed land surveyor under the direction and in accordance with the instructions of the board of county commissioners. The board of county commissioners is authorized to purchase from any licensed professional surveyor [who may have made under the supervision of the county surveyor any] a survey and the related plats, maps and field notes [thereof] with payment to be made from the county general fund."
Section 5. 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 class A counties shall not exceed:
A. county commissioners, twenty-nine thousand five hundred sixty nine dollars ($29,569) each;
B. treasurer, sixty-five thousand five hundred one dollars ($65,501);
C. assessor, sixty-five thousand five hundred one dollars ($65,501);
D. sheriff, sixty-eight thousand three hundred eight dollars ($68,308);
E. county clerk, sixty-five thousand five hundred one dollars ($65,501); and
F. probate judge, twenty-eight thousand eight hundred twenty dollars ($28,820) [and
G. county surveyor, twenty-two thousand three hundred fifty-eight dollars ($22,358)]."
Section 6. 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) VALUATION--SALARIES.--The annual salaries of elected officers of class B counties with an assessed valuation of over three hundred million dollars ($300,000,000) shall not exceed:
A. county commissioners, twenty-two thousand eight hundred thirty-two dollars ($22,832) each;
B. treasurer, fifty-seven thousand two hundred sixty-five dollars ($57,265);
C. assessor, fifty-seven thousand two hundred sixty-five dollars ($57,265);
D. sheriff, fifty-nine thousand six hundred ninety-nine dollars ($59,699);
E. county clerk, fifty-seven thousand two hundred sixty-five dollars ($57,265); and
F. probate judge, twenty thousand twenty-four dollars ($20,024) [and
G. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners]."
Section 7. 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--SALARIES.--The annual salaries of elected officers of class B counties 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:
A. county commissioners, sixteen thousand two hundred eighty-two dollars ($16,282) each;
B. treasurer, forty-nine thousand thirty-one dollars ($49,031);
C. county assessor, forty-nine thousand thirty-one dollars ($49,031);
D. county sheriff, fifty-one thousand two hundred seventy-seven dollars ($51,277);
E. county clerk, forty-nine thousand thirty-one dollars ($49,031); and
F. probate judge, eleven thousand four hundred sixteen dollars ($11,416) [and
G. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners]."
Section 8. Section 4-44-6 NMSA 1978 (being Laws 1957, Chapter 196, Section 4, as amended) is amended to read:
"4-44-6. CLASS C COUNTIES--SALARIES.--The annual salaries of elected officers of class C counties shall not exceed:
A. county commissioners, sixteen thousand two hundred eighty-two dollars ($16,282) each;
B. county treasurer, forty-nine thousand thirty-one dollars ($49,031);
C. county assessor, forty-nine thousand thirty-one dollars ($49,031);
D. county sheriff, fifty-one thousand two hundred seventy-seven dollars ($51,277);
E. county clerk, forty-nine thousand thirty-one dollars ($49,031); and
F. probate judge, eleven thousand four hundred sixteen dollars ($11,416) [and
G. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners]."
Section 9. Section 4-44-7 NMSA 1978 (being Laws 1957, Chapter 196, Section 5, as amended) is amended to read:
"4-44-7. FIRST CLASS COUNTIES--OVER TWENTY-SEVEN MILLION DOLLARS VALUATION--SALARIES.--The annual salaries of elected officers of counties of the first class with an assessed valuation of over twenty-seven million dollars ($27,000,000) but under forty-five million dollars ($45,000,000) shall not exceed:
A. county commissioners, fourteen thousand seven hundred eighty-four dollars ($14,784) each;
B. treasurer, thirty-five thousand nine hundred thirty-three dollars ($35,933);
C. assessor, thirty-five thousand nine hundred thirty-three dollars ($35,933);
D. sheriff, thirty-eight thousand seven hundred thirty-nine dollars ($38,739);
E. county clerk, thirty-five thousand nine hundred thirty-three dollars ($35,933); and
F. probate judge, nine thousand five hundred forty-five dollars ($9,545) [and
G. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners]."
Section 10. Section 4-44-8 NMSA 1978 (being Laws 1957, Chapter 196, Section 6, as amended) is amended to read:
"4-44-8. FIRST CLASS COUNTIES--UNDER TWENTY-SEVEN MILLION DOLLARS ($27,000,000) VALUATION--SALARIES.--The annual salaries of elected officers of counties of the first class with an assessed valuation of over fourteen million dollars ($14,000,000) but under twenty-seven million dollars ($27,000,000) shall not exceed:
A. county commissioners, nine thousand nine hundred nineteen dollars ($9,919) each;
B. treasurer, thirty thousand five hundred five dollars ($30,505);
C. assessor, thirty thousand five hundred five dollars ($30,505);
D. sheriff, thirty-eight thousand seven hundred thirty-nine dollars ($38,739);
E. county clerk, thirty thousand five hundred five dollars ($30,505); and
F. probate judge, eight thousand seven hundred ninety-five dollars ($8,795) [and
G. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners]."
Section 11. Section 4-44-36 NMSA 1978 (being Laws 1953, Chapter 167, Section 1, as amended) is amended to read:
"4-44-36. ABOLISHMENT OF CERTAIN COUNTY OFFICES.--Any county of the third, fourth [and] or fifth class and H class counties may abolish the offices of county assessor, county clerk [county surveyor] and county treasurer and transfer the powers and duties of those offices to the board of county commissioners in the manner [hereinafter] prescribed [Any county may abolish the office of county surveyor and transfer the powers and duties of that office to the board of county commissioners in the manner hereinafter prescribed] in Sections 4-44-37 through 4-44-45 NMSA 1978."
Section 12. Section 4-44-40 NMSA 1978 (being Laws 1953, Chapter 167, Section 5) is amended to read:
"4-44-40. ELECTION JUDGES AND CLERKS--FORM OF BALLOT.--At [such] an election held [hereunder] pursuant to Chapter 4, Article 44 NMSA 1978, there shall be three [(3)] election judges and two [(2)] election clerks for each polling place. Ballots shall be printed and furnished by the board of county commissioners, which ballots shall read as follows:
Shall the offices of county assessor, county clerk [county surveyor] and county treasurer be abolished and the powers and duties of such officers be transferred to the board of county commissioners?
YES __________
NO __________."
Section 13. Section 4-44-44 NMSA 1978 (being Laws 1953, Chapter 167, Section 11) is amended to read:
"4-44-44. PETITION FOR RESTORATION OF OFFICES--ELECTION.--
[(a)] A. Whenever any county has abolished the offices of county assessor, county clerk [county surveyor] and county treasurer and transferred the powers and duties of [such] those offices to the board of county commissioners as [herein] provided in Chapter 4, Article 44 NMSA 1978, a petition may be filed with the board of county commissioners of [such] that county requesting that an election be held to determine whether the county offices previously abolished are to be re-established and the powers and duties previously transferred to the board of county commissioners are to be returned to the offices from which they were transferred. [Such] The petition shall be signed by at least ten [(10)] percent of the registered electors of the county.
[(b)] B. Except as provided in this [paragraph (b)] subsection upon the filing of the petition provided for in this section, the provisions of Sections [3, 4, 5, 6, 7 and 8 of this Act] 4-44-38 through 4-44-43 NMSA 1978 shall be applicable. Ballots for an election to re-establish county offices previously abolished and to return to [such] those offices the powers and duties previously transferred from [such] the offices shall read as follows:
Shall the offices of county assessor, county clerk [county surveyor] and county treasurer be reestablished and the powers and duties of [such] those offices previously transferred to the board of county commissioners be returned to the offices from which they were transferred?
YES __________
NO __________.
If a majority of those voting on the above question have voted "Yes", [such] the offices shall be re-established as of January [1st] 1 of the next odd-numbered year, and upon [such] that date all powers and duties previously transferred from [such] the offices shall be returned to the office from which they had been previously transferred."
Section 14. Section 10-1-13 NMSA 1978 (being Laws 1967, Chapter 238, Section 1) is amended to read:
"10-1-13. COUNTY OFFICERS--OATH--BOND.--
A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, [county surveyor] county treasurer, probate judge, county flood commissioner and small claims court clerk.
B. Before assuming the duties of [his] office, each county officer shall take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of [his] duties, during [his] the county officer's term of office and until [his] a successor is elected or appointed and is qualified, and that [he will] the county officer shall pay all money received in [his] the county officer's official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year but not to exceed:
county commissioner- - - - - - - - - - - - - - - - $ 5,000
county assessor- - - - - - - - - - - - - - - - - - - 5,000
county clerk- - - - - - - - - - - - - - - - - - - - 10,000
county sheriff- - - - - - - - - - - - - - - - - - - 20,000
[county surveyor- - - - - - - - - - - - - - - - - - 5,000]
county treasurer- - - - - - - - - - - - - - - - - - 50,000
probate judge- - - - - - - - - - - - - - - - - - - - 5,000
county flood commissioner- - - - - - - - - - - - - -10,000
small claims court clerk- - - - - - - - - - - - - -10,000.
C. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law.
D. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years.
E. If any county officer fails to give bond by January 10 following [his] the county officer's election or within ten days of [his] appointment, the board of county commissioners shall declare the office vacant."
Section 15. Section 61-23-28 NMSA 1978 (being Laws 1987, Chapter 336, Section 28, as amended) is amended to read:
"61-23-28. REFERENCE MARKS--REMOVAL OR OBLITERATION--REPLACEMENT.--When it becomes necessary by reason of the construction of public or private works to remove or obliterate any triangulation station, benchmark, corner, monument, stake, witness mark or other reference mark, it shall be the duty of the person in charge of the work to cause to be established by a licensed surveyor one or more permanent reference marks, which shall be plainly marked as witness corners or reference marks as near as practicable to the original mark and to record a map, field notes or both with the county clerk [and county surveyor] of the county wherein located, showing clearly the position of the marks established with reference to the position of the original mark. The surveys or measurements made to connect the reference marks with the original mark shall be of at least the same order of precision as the original survey."
Section 16. Section 67-3-26 NMSA 1978 (being Laws 1917, Chapter 38, Section 7, as amended) is amended to read:
"67-3-26. DUTIES OF SECRETARY--DISBURSEMENT OF STATE ROAD FUND.--The secretary shall have charge of all records of the state transportation commission; shall keep a record of all proceedings and orders pertaining to the business of [his] the secretary's office and of the state transportation commission; and shall keep on file copies of all plans, specifications and estimates prepared by [his] the secretary's office. [He] The secretary shall cause to be made and kept in [his] the secretary's office a general highway plan of the state. [He] The secretary shall prepare or cause to be prepared or call upon [the county surveyor or] the county highway superintendent to furnish a map showing all of the main highways of the several counties of the state and shall, under the direction of the state transportation commission, select and designate the highways that should comprise a system of state roads, which shall, as nearly as practicable, be such as will best serve the traffic needs and develop the resources of the state. Upon its adoption by the state transportation commission, the system of state roads so designated shall be improved as soon thereafter as practicable under the provisions of Chapter 67 NMSA 1978 and such other provisions as the legislature may enact therefor. The system of state roads so designated may be changed or added to from time to time by the secretary subject to the approval of the state transportation commission. The secretary shall collect information with reference to the mileage, character and condition of the highways and bridges in the several counties of the state and shall investigate and determine the methods of road construction and maintenance best adapted to the various sections of the state, having due regard to topography, natural conditions, the availability of road building materials, the prevailing traffic conditions and the ability of the counties to meet the cost of building and maintaining roads and bridges therein. [He] The secretary may, at all reasonable times, be consulted by county and other officials having authority over highways and bridges relative to any question affecting such highways and bridges and [he] may in like manner call on county road officials [and county surveyors] for any information or maps relative to the location, character and condition of the highways and bridges within their jurisdiction or control. Any such official who fails to supply such information when so called upon is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100). [He] The secretary shall determine the character of and have supervision over the construction, repair and maintenance of all state roads and bridges improved under the provisions of Chapter 67 NMSA 1978 and shall prepare or approve all plans and specifications and estimates therefor. [He] The secretary shall report the proceedings of [his] the secretary's office annually to the state transportation commission at such time as it may designate. All money in the state road fund shall be expended only upon itemized vouchers approved by the secretary, filed with the department of finance and administration, and warrants drawn by the secretary of finance and administration upon the state treasurer."
Section 17. Section 67-5-12 NMSA 1978 (being Laws 1905, Chapter 124, Section 10, as amended) is amended to read:
"67-5-12. LAYING OUT ROAD--ASSESSMENT FOR DAMAGES--SURVEY.--[Sec. 37.] The viewers shall meet at the time and place specified in the warrant and commence at the place designated in [said] the petition as the starting point of the road sought to be altered, widened, changed or laid out and established. The [said] viewers shall proceed to view and mark out the [same] road by setting stakes, blazing trees, turning a furrow or other appropriate monuments to the terminus named in the petition by the most practicable and convenient route that they in their judgment can find. They shall assess the benefits and damages accruing to all persons by reason of the alteration, widening, changing or laying out of [such] the road and award to any person damages in excess of the benefits accruing to [him or them] the person a sum equal to such excess. [And] If the viewers or a majority of them [be] are of the opinion that the road should be altered, widened, changed or laid out and established, they shall cause a survey and plat of the same to be made by [the county] a licensed professional surveyor or other competent person giving the courses and distances and specifying the land over which the road extends."
Section 18. REPEAL.--Sections 4-42-2 through 4-42-14 NMSA 1978 (being Laws 1891, Chapter 33, Sections 3 through 13, 15 and 16, as amended) are repealed.
Section 19. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.
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