SENATE BILL 677
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Mark Boitano
AN ACT
RELATING TO COUNTIES; ELIMINATING THE ELECTED POSITION OF COUNTY ASSESSOR; AUTHORIZING THE EMPLOYMENT OF A COUNTY ASSESSOR BY EACH COUNTY; 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.] L. county sheriff;
[N.] M. probate judge;
[O.] N. county surveyor, if applicable; and
[P.] O. other issues as prescribed by the secretary of state."
Section 2. Section 4-38-6 NMSA 1978 (being Laws 1899, Chapter 30, Section 1, as amended) is amended to read:
"4-38-6. ELECTION--TERM.--
A. In each county, all county commissioners shall be elected to serve four-year terms, subject to the provisions of Subsection B of this section.
B. In those counties that consist of a three-member board of county commissioners, the secretary of state shall designate by lottery the terms for each county commission district, which shall elect two county commissioners for terms of four years and one county commissioner for a term of two years. The terms for two commissioners shall expire in the same year.
C. 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 treasurer 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."
Section 3. Section 4-38-19 NMSA 1978 (being Laws 1969, Chapter 219, Section 1, as amended) is amended to read:
"4-38-19. COUNTY COMMISSIONERS--EMPLOYING DEPUTIES AND EMPLOYEES--EMPLOYING A COUNTY MANAGER--EMPLOYING A COUNTY ASSESSOR.--
A. A board of county commissioners may set the salaries of such employees and deputies as it feels necessary to discharge the functions of the county, except that elected county officials have the authority to hire and recommend the salaries of persons employed by them to carry out the duties and responsibilities of the offices to which they are elected.
B. A board of county commissioners may employ and set the salary of a county manager to conduct the business of the county, to serve as personnel officer, fiscal director, budget officer and property custodian and to act generally as the administrative assistant to the board, aiding and assisting it in the exercise of its duties and responsibilities.
C. A board of county commissioners shall employ a county assessor as a classified employee. A person employed as county assessor shall at a minimum be a state certified real estate appraiser or a state licensed real estate appraiser pursuant to the provisions of the Real Estate Appraisers Act. A county assessor shall, within ninety days of employment, attend assessment administration specialist training by the international association of assessing officers. A county assessor shall not serve at the pleasure of the board of county commissioners, but shall be removed only for cause.
[C.] D. All officials, officers, deputies and employees of the county or of an elected official of the county shall receive their salaries or wages for services rendered on regular paydays not more than sixteen days apart."
Section 4. Section 4-38-38 NMSA 1978 (being Laws 1959, Chapter 239, Section 1) is amended to read:
"4-38-38. CREATION OF COUNTY ADVISORY BOARDS.--There is created a county advisory board in each county of the fourth and fifth class. The board shall consist of the county commissioners, the county treasurer, [county assessor] sheriff and county clerk."
Section 5. Section 4-38-40 NMSA 1978 (being Laws 1959, Chapter 239, Section 3) is amended to read:
"4-38-40. EXECUTIVE COMMITTEE.--The county treasurer [county assessor] and county clerk are ex-officio the executive committee of the county advisory board."
Section 6. 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.] C. sheriff, sixty-eight thousand three hundred eight dollars ($68,308);
[E.] D. county clerk, sixty-five thousand five hundred one dollars ($65,501);
[F.] E. probate judge, twenty-eight thousand eight hundred twenty dollars ($28,820); and
[G.] F. county surveyor, twenty-two thousand three hundred fifty-eight dollars ($22,358)."
Section 7. 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.] C. sheriff, fifty-nine thousand six hundred ninety-nine dollars ($59,699);
[E.] D. county clerk, fifty-seven thousand two hundred sixty-five dollars ($57,265);
[F.] E. probate judge, twenty thousand twenty-four dollars ($20,024); and
[G.] F. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners."
Section 8. 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.] C. county sheriff, fifty-one thousand two hundred seventy-seven dollars ($51,277);
[E.] D. county clerk, forty-nine thousand thirty-one dollars ($49,031);
[F.] E. probate judge, eleven thousand four hundred sixteen dollars ($11,416); and
[G.] F. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners."
Section 9. 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.] C. county sheriff, fifty-one thousand two hundred seventy-seven dollars ($51,277);
[E.] D. county clerk, forty-nine thousand thirty-one dollars ($49,031);
[F.] E. probate judge, eleven thousand four hundred sixteen dollars ($11,416); and
[G.] F. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners."
Section 10. 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 ($27,000,000) 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.] C. sheriff, thirty-eight thousand seven hundred thirty-nine dollars ($38,739);
[E.] D. county clerk, thirty-five thousand nine hundred thirty-three dollars ($35,933);
[F.] E. probate judge, nine thousand five hundred forty-five dollars ($9,545); and
[G.] F. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners."
Section 11. 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.] C. sheriff, thirty-eight thousand seven hundred thirty-nine dollars ($38,739);
[E.] D. county clerk, thirty thousand five hundred five dollars ($30,505);
[F.] E. probate judge, eight thousand seven hundred ninety-five dollars ($8,795); and
[G.] F. county surveyor, a reasonable rate of compensation as determined by the board of county commissioners."
Section 12. Section 4-44-14 NMSA 1978 (being Laws 1955, Chapter 4, Section 2, as amended) is amended to read:
"4-44-14. H CLASS COUNTIES--SALARIES AND EXPENSES.--
A. Officers elected or appointed in an unincorporated county of the H class shall receive the following annual salaries:
(1) county commissioners, one dollar ($l.00);
(2) treasurer, one dollar ($1.00);
[(3) assessor, one dollar ($1.00);
(4)] (3) sheriff, one dollar ($1.00);
[(5)] (4) county clerk, one dollar ($1.00);
[(6)] (5) probate judge, three thousand five hundred five dollars ($3,505); and
[(7)] (6) county surveyor, not to exceed ten dollars ($10.00) per day for each day actually employed under orders by the board of county commissioners, such employment not to exceed fifty days in any one year.
B. The elected H class county officials listed in Subsection A of this section, except probate judge, in addition to the salaries prescribed shall be entitled to receive as per diem expense the sum of not more than fifteen dollars ($15.00) while in actual attendance at county commission meetings or while engaged in the performance of their official duties for the county. However, the total per diem expense allowance for each elected H class county official listed in Subsection A of this section shall not exceed three hundred fifty dollars ($350) in any fiscal year. Such per diem expense shall be in addition to any allowance for sheriff's mileage or for other out-of-county expenses allowed for all officials by law and shall be budgeted, paid and audited as provided by laws governing expenditures of county funds."
Section 13. 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 in Sections 4-44-37 through 4-44-45 NMSA 1978. 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 those sections."
Section 14. 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 15. 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 16. 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 17. Section 61-30-10 NMSA 1978 (being Laws 1990, Chapter 75, Section 10, as amended) is amended to read:
"61-30-10. REGISTRATION, LICENSE OR CERTIFICATION REQUIRED--EXCEPTIONS.--
A. It is unlawful for [any] a person in this state to engage or attempt to engage in the business of developing or communicating real estate appraisals or appraisal reports without first registering as an apprentice or obtaining a license or certificate from the board under the provisions of the Real Estate Appraisers Act.
B. No person, unless certified by the board as a state certified real estate appraiser under a general certification or residential certification, shall:
(1) assume or use [any] a title, designation or abbreviation likely to create the impression of a state certified real estate appraiser;
(2) use the term "state certified" to describe or refer to [any] an appraisal or evaluation of real estate prepared by [him] the person;
(3) assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser firm, partnership, corporation or group; or
(4) assume or use [any] a title, designation or abbreviation likely to create the impression of certification under a general certificate or describe or refer to [any] an appraisal or evaluation of nonresidential real estate by the term "state certified" if the preparer's certification is limited to residential real estate.
C. A state apprentice real estate appraiser who is registered but does not hold a license or certificate is authorized to prepare appraisals of all types of real estate or real property, provided such appraisals are not described or referred to as being prepared by a "state certified real estate appraiser" holding a residential or general certificate or by a "state licensed real estate appraiser" and provided, further, such person does not assume or use [any] a title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser or licensure as a state licensed real estate appraiser.
D. A holder of a license or residential certificate is authorized to prepare appraisals of nonresidential real estate, provided such appraisals are not described or referred to as "state certified by a general certified appraiser" and provided, further, the holder of the certificate does not assume or use [any] a title, designation or abbreviation likely to create the impression of general certification.
E. To perform in federally related transactions, as referenced in the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, a real estate appraiser shall, at a minimum, meet the requirements for licensing as currently defined.
F. The requirement of registration, licensing or certification shall not apply to a real estate broker or salesperson who, in the ordinary course of business, gives an opinion of the price or value of real estate for the purpose of securing a listing, marketing of real property, affecting a sale, lease or exchange, conducting market analyses or rendering specialized services; provided, however, this opinion of the price or value shall not be referred to or construed as an appraisal or appraisal report and no compensation, fee or other consideration is expected or charged for such opinion, other than the real estate brokerage commission or fee for services rendered in connection with the identified real estate or real property.
G. The requirement of registration, licensing or certification shall not apply to real estate appraisers of the property tax division of the taxation and revenue department [to a county assessor] or to [the] a county assessor's employees, who as part of their duties are required to engage in real estate appraisal activity as a county assessor or on behalf of the county assessor and no additional compensation fee or other consideration is expected or charged for such appraisal activity, other than such compensation as is provided by law.
H. The prohibition of Subsection A of this section does not apply to persons whose real estate appraisal activities are limited to the appraisal of interests in minerals, including oil, natural gas, liquid hydrocarbons or carbon dioxide, and property held or used in connection with mineral property, if that person is authorized in [his] the person's state of residence to practice and is actually engaged in the practice of the profession of engineering or geology.
I. The process of analyzing, without altering, an appraisal report that is part of a request for mortgage credit is considered a specialized service as defined in Subsection M of Section 61-30-3 NMSA 1978 and is exempt from the requirements of registration, licensing or certification."
Section 18. REPEAL.--Sections 4-39-4 through 4-39-6 NMSA 1978 (being Laws 1969, Chapter 269, Section 3, Laws 1977, Chapter 138, Section 2 and Laws 1955, Chapter 176, Section 5, as amended) are repealed.
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