SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 454

55th legislature - STATE OF NEW MEXICO - first session, 2021

 

 

 

 

 

 

 

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING CERTAIN ELECTION PROVISIONS AND PROCEDURES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 73-1-13 NMSA 1978 (being Laws 1931, Chapter 97, Section 13) is amended to read:

     "73-1-13. COMMISSIONERS--DIRECTORS' DISTRICTS--COMPENSATION--EMPLOYEES--EXPENSES.--

          A. Within ten [(10)] days after entering the decree declaring the district organized, the court shall appoint three [(3)] owners of lands within the district, representative of all parts of the district, to determine and define the boundaries of [such] the district and to make up a list of the property to be embraced and included in the district. The persons so appointed [to be hereinafter] shall be referred to as the "commissioners". [Said]

          B. The commissioners shall include all property in the district [which] that has within four years received some benefit, either directly or indirectly, from the artesian waters underlying the district or [which] that may be benefited in some degree by the improvements to be made by the district. Property benefited by the artesian waters and the improvements to be made by the district shall include property upon which waters from [such] the basin [or basins] is or may be used for irrigation, domestic, public or commercial purposes and shall include any such property, whether [the same be] it is owned by an individual, corporation, village, town, city or other municipality or public corporation.

          C. The commissioners, in making up a description of the property and list of owners [thereof] to be embraced in or affected by the district, shall have access to the assessment or tax rolls of the county or counties [wherein] where the lands are situated and may hear and determine all protests concerning any particular tract or parcel of land to be included in the district, at such time, [and] in such manner and upon such notice as they may prescribe, subject to the right of appeal to the district court, which appeal shall be heard and determined by [said] the court at the time provided for the entering of the final decree respecting the boundaries of the district and property to be embraced [therein as herein provided and] in the district. After completing [such] the list and defining the boundaries of the district and the lands to be embraced [therein, said] in the district, the commissioners shall, with the approval of the court, divide [said] the district into five [(5)] sections or divisions, having due regard for the value and amount of acreage to be included in each, so that there will be an equitable relationship in value and acreage between the several sections or subdivisions of the district. [Said] The subdivisions shall be numbered one to five and shall be known as "directors' districts". [The commissioners shall draft an election code to govern the method and prescribe the procedure for the election of directors from each of the directors' districts. Said code shall provide for the election of a director from each of said districts by popular vote of the property owners in the same, respectively, owning property affected by the district, and whether residing therein, or not.]

         D. Each director so elected, at the time of [his] election, [must] shall be a freeholder in the district from which [he] the director is elected. [After being approved by the court, as hereinafter provided the said election code may be changed only by unanimous consent of the directors elected pursuant thereto. Said]

         E. The list of property [and the election code] shall be approved by the court by entering a decree as [herein] provided, but [said] the list shall be subject to the correction of errors in description of the property affected at any time upon order of the court. [A copy of the election code, as approved, shall be filed in the original court proceeding and the same ordered printed for use of those desiring copies, the cost of which shall be taxed as costs in the proceeding.] The commissioners so appointed are [hereby] vested with full power and authority to employ, with the approval of the court, legal counsel and clerical and stenographic help necessary for carrying out their duties [as herein prescribed], the compensation of such employees to be fixed by the court. The commissioners shall [each receive five ($5.00) dollars for each day's service in performing their duties, but not to exceed one hundred and fifty ($150.00) dollars each] be reimbursed for per diem and mileage pursuant to the Per Diem and Mileage Act. The expenses incurred by [said] the commissioners and the salaries of their employees and their compensation shall also be taxed as costs in the original proceeding [and said]. The commissioners are [hereby] authorized to borrow, with the approval of the court, an amount sufficient to pay all costs of the proceeding so taxed, at a rate of interest not to exceed eight [(8%)] percent, which [said] loan shall be a debt, charge and valid obligation of the district, to be paid out of the proceeds from the first tax levy [hereinafter provided for]."

    SECTION 2. Section 73-1-16 NMSA 1978 (being Laws 1931, Chapter 97, Section 14) is amended to read:

    "73-1-16. ELECTIONS--DIRECTORS--TERMS--VACANCIES.--[The directors elected pursuant to such election code]

         A. All elections shall be conducted pursuant to the provisions of the Local Election Act.

         B. Directors shall be elected for a term of six years each. Each director shall hold office for the term for which [he] the director was elected and until [his] a successor is duly appointed or elected and has qualified, except as hereinafter provided, being removable [therefrom] only for cause after a hearing upon a motion filed by any interested person in the original proceeding in which the district was organized. [Unless otherwise provided by the Election Code] Vacancies shall be filled by appointment of the district court having jurisdiction. Upon the election of the first board of directors, the directors shall draw numbers by lot: numbers one [(1)] and two [(2)] shall serve two [(2)] years; numbers three [(3)] and four [(4)] shall serve four [(4)] years; and number five [(5)] shall serve six [(6)] years."

    SECTION 3. Section 73-1-17 NMSA 1978 (being Laws 1931, Chapter 97, Section 15) is amended to read:

    "73-1-17. DIRECTORS--OATH--OFFICERS--SEAL--RECORDS-- BYLAWS.--[As soon as practical after the]

         A. At the first meeting following an election, the directors shall meet for the purpose of organizing the board of directors. Each director, before entering upon [his] official duties, shall take and subscribe to an oath before an officer authorized to administer oaths that [he] the director will honestly, faithfully and impartially perform the duties of [his] office and that [he] the director will not be interested, directly or indirectly, in any contract let by [said] the district, which [said] oath shall be filed in the original court proceeding for the formation of the district.

         B. Upon taking the oath, the board shall choose one of their members [chairman] as chair of the board and president of the district and shall elect some suitable person secretary and treasurer of the board, who may or may not be a member of the board, and shall require of the [said] secretary and treasurer a bond conditioned for the faithful performance of [his] the secretary's and treasurer's duties, in such amount as [to] the directors may [be deemed] deem to be adequate for the protection of the district. [Such]

         C. The board shall adopt a seal and shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts [which shall be open to the inspection of all owners of property in the district as well as to all other interested parties]. It shall adopt a set of bylaws not inconsistent with the provisions of [this Act] Chapter 73, Article 1 NMSA 1978 for the conduct of the business and affairs of the district [and, when adopted, the same shall not be altered, amended or repealed except upon three (3) days' notice to each member of the board, service to be had by personal delivery or by mailing a copy of such notice in a sealed envelope, postage fully prepaid, to the address of the director to be served or at a regular or called meeting at which all directors are present]."

- 7 -