FORTY-NINTH LEGISLATURE

FIRST SESSION, 2009

February 13, 2009

Mr. Speaker:

    Your TAXATION AND REVENUE COMMITTEE, to whom has been referred

HOUSE BILL 337, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 20, before line 1, insert the following new section:

     "Section 3. Section 73-21-14 NMSA 1978 (being Laws 1943, Chapter 80, Section 13, as amended) is amended to read:

     "73-21-14. ELECTIONS.--

          A. In any district, except a district created pursuant to a petition signed by the [chairman] chair of the board of county commissioners of a county, on the second Tuesday of January in the second calendar year after the organization of the district and on the second Tuesday of January every second year thereafter, there shall be elected by the taxpaying electors of the district one member of the board to serve for a term of six years, except that if the district elects to adopt four-year terms, the member shall serve for a term of four years.

          B. In any district created pursuant to a petition signed by the [chairman] chair of the board of county commissioners of a county, one year after the organization of the district and every second year thereafter, there shall be elected by the taxpaying electors of the district at least two, but no more than three, members of the board to serve for a term of two years.

          C. Not later than thirty days before any election pursuant to [Subsections] Subsection A or B of this section, nominations may be filed with the secretary of the board, and, if a nominee does not withdraw [his] the nominee's name before the first publication of the notice of election, [his] the name shall be placed on the ballot. The board shall provide for holding such

election and shall appoint judges to conduct it. The secretary of the district shall give notice of election by publication and shall arrange such other details in connection [therewith] with the election as the board may direct. If within ninety days prior to a board election, the district publishes materials that describe the qualifications, experience and accomplishments of incumbents, equal space shall be made available without charge for similar information provided by opponents seeking a position on the board. The returns of the election shall be certified to and shall be canvassed and declared by the board. The candidate receiving the most votes shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify."".

     2. Renumber the succeeding sections accordingly.