NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.



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





SPONSOR: Payne DATE TYPED: 02/13/00 HB
SHORT TITLE: Gubernatorial Appointee Reconfirmations SB SJR 20/aSJC
ANALYST: Burch


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY00 FY01 FY00 FY01
$ 17.0 Nonrecurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



LFC files

Attorney General

Tourism Department

Energy, Minerals and Natural Resources Department

Human Services Department

Labor Department

Department of Environment

Corrections Department

Department of Public Safety



SUMMARY



Synopsis of SJC Amendment



The amendment strikes the word "elective", thus reverting Subsection A to current law providing for appointment of vacancies in any state office.



Synopsis of Bill



The joint resolution proposes to add a new subsection to Section 5 of Article 5 of the of New Mexico Constitution that requires a governor serving a second consecutive term to resubmit his cabinet appointees for reconfirmation or rejection by the Senate.



Significant Issues



Under current law, cabinet secretaries serving under a governor elected to a second consecutive term, are not reconfirmed by the Senate; they continue serve their appointment uninterrupted by confirmation proceedings. The proposal would provide the legislature an opportunity to re-evaluate gubernatorial appointees.



FISCAL IMPLICATIONS



The Secretary of State reports that it costs $17.0 to place an item on the ballot. The next general election will be held in November 2000.



ADMINISTRATIVE IMPLICATIONS



Most agencies reported that the reconfirmation process would somewhat increase the administrative burden upon a sitting cabinet secretary who would be required to attend and devote attention to the reconfirmation process. One agency reported that it believes the proposal would cause instability within an agency during the final year of a governor's first term and during the beginning of a governor's second consecutive term.



The Secretary of State will be required to prepare the amendment for placement on the ballot.



TECHNICAL ISSUES



The title of the bill refers to "all gubernatorial appointees", but the text of the bill applies only to "all cabinet appointees". Perhaps the title should be revised to reflect "all cabinet appointees".



DKB/prr:gm