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SPONSOR: |
Lyons |
DATE TYPED: |
01/30/02 |
HB |
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SHORT TITLE: |
State Legislators’ Annual Salary |
SB |
SJR 9 |
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ANALYST: |
Burch |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or Non-Rec |
Fund Affected |
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FY02 |
FY03 |
FY02 |
FY03 |
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30.0 |
Nonrecurring |
General Fund |
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$1,120.0 |
Recurring |
General Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
Conflicts
with House Joint Resolution 13 and
House Bill 266
LFC files
SUMMARY
Synopsis
of Bill
Senate Joint
Resolution 9 proposes to amend Article 4, Section 10 of the New Mexico Constitution
to provide legislator’s with a monthly salary of $2.0, except during regular
sessions, the monthly salary is $1.0 for those months when the legislature is
in session for a part of the month.
Significant
Issues
FISCAL IMPLICATIONS
The next general election that would include constitutional questions on the ballot will be in November 2002. If the question is approved by the voters, the change would not make a fiscal impact until the 2003 Legislature. The total recurring cost to the general fund during FY03 would be $1,120.0. The total cost for a full fiscal year would be $2,464.0 for years with 60-day sessions ($22.0 per member x 112 members) and $2,352.0 for years with 30-day sessions.
If passed, this
question would appear on the ballot in the November 2002 general election. The Secretary of State reports it costs
$30.0 to place an item on the ballot for advertising and printing. Included in
the cost is: (1) the publishing of constitutional amendments in English and Spanish
for four consecutive weeks in one newspaper in each county of the state; (2)
the oral translation and radio broadcast into the Native American languages of
Tewa, Tiwa, Towa, Keres, Zuni, Mescalero Apache, Jicarilla Apache and Navajo;
and (3) the printing of amendments booklets in English and Spanish (including
Spanish language translation cost) and distribution to all county clerks
(100,000 booklets were printed for 2000 general election). Therefore, there would be a nonrecurring
cost to the general fund of $30.0 in FY03.
This legislation does not include an appropriation needed to fund these
costs.
CONFLICT
House Joint Resolution
proposes to amend the constitution to provide for a cap on legislative salaries
to the average paid in the five contiguous states. A companion measure, House Bill 226 amends Section 2-1-8 NMSA
1978 to provide for an annual salary of $21.0.
See attachment for National Conference of State Legislature’s study of
legislative compensation for the five contiguous states.
TABLE
1. COMPENSATION & LIVING EXPENSE ALLOWANCE DURING SESSION, 2000
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State |
Salary |
Per Diem |
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Arizona |
$24,000/year. |
$35/day for 1st
120 days of regular session and special session and $10/day thereafter. Members residing outside Maricopa County
receive an additional $25/day for the 1st 120 days of a regular
session and a special session and an additional $10/day thereafter. Set by
statute. |
|
Colorado |
$30,000/year. |
$45/day for
members living in the Denver metro area. $99/day for members living outside
Denver. Per diem is determined by the legislature. |
|
New Mexico |
None. |
$136/day tied
to federal rate & the constitution. |
|
Oklahoma |
$38,400/year. |
$103/day tied
to federal rate. |
|
Texas |
$ 7,200/year. |
$118/day set
by the Ethics Commission. |
|
Utah |
$ 100/day. |
$75/day
lodging allotment for each calendar day, tied to federal rate. $42/day per
diem for each calendar day. (NOTE: Regular session is 45 days long.) |
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TABLE 2. LIVING EXPENSE ALLOWANCE
DURING INTERIM, 2000 |
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State |
Interim Per Diem |
|
Arizona |
$35/day with
prior approval of presiding officer set by statute. |
|
Colorado |
Members are
reimbursed for actual expenditures. |
|
New Mexico |
$136/day tied
to federal rate. |
|
Oklahoma |
$25/day set by
the legislature. |
|
Texas |
Senators
receive $118/day for legislative business in Travis County, not to exceed 10
days per month. Representatives
receive $118/day for legislative business in Travis County, not to exceed 12
days per month. Per diem amount is
determined by the Ethics Commission and the number of days is determined by
the Senate Caucus and the Committee on House Administration. |
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Utah |
$42/day meals;
up to $75/day for lodging. |
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TABLE 3. ADDITIONAL COMPENSATION FOR
HOUSE/ASSEMBLY LEADERS, 1999 |
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State |
Presiding Officer |
Majority Leader |
Minority Leader |
Other Leaders |
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Arizona |
None. |
None. |
None. |
None. |
|
Colorado |
All leaders
receive $99/day during interim when in attendance at committee or leadership
matters. |
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New Mexico |
None. |
None. |
None. |
None. |
|
Oklahoma |
$17,932 |
$12,364 |
$12,364 |
Speaker pro
tem, $12,364 |
|
Texas |
None. |
None. |
None. |
None. |
|
Utah |
$1,000 |
$500 |
$500 |
Whips and asst
whips, $500 |
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TABLE 4. ADDITIONAL COMPENSATION FOR
SENATE LEADERS, 1999 |
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State |
Presiding Officer |
Majority Leader |
Minority Leader |
Other Leaders |
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Arizona |
$500 |
None. |
None. |
None. |
|
Colorado |
All leaders
receive $99/day during interim when in attendance at committee or leadership
matters. |
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New Mexico |
None. |
None. |
None. |
None. |
|
Oklahoma |
$17,932 |
$12,364 |
$12,364 |
None. |
|
Texas |
None. |
None. |
None. |
None. |
|
Utah |
$1,000 |
$500 |
$500 |
Whips and
asst whips, $500 |
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TABLE 5. ADDITIONAL COMPENSATION FOR
COMMITTEE CHAIRS, 1999 |
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State |
Additional Compensation for Committee
Chairs |
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Arizona |
None. |
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Colorado |
None. |
|
New Mexico |
None. |
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Oklahoma |
$12,364 for
Appropriations and Budget Committee Chairs. |
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Texas |
None. |
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Utah |
None. |
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TABLE 6. STATE LEGISLATORS’ TRAVEL
ALLOWANCE, 1999 |
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State |
Mileage |
Access to State Autos |
Credit Card |
Phone Card/ Phone Allowance |
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Arizona |
30¢/mile on
actual miles. |
Access to
motorpool for legislative trips only. |
No. |
No. |
|
Colorado |
20¢ or 24¢ if
4wd vehicle. Actual miles paid. |
No. |
No. |
Yes. Official
state business only. |
|
New Mexico |
32.5¢/mile
tied to federal rate |
No. |
No. |
No. |
|
Oklahoma |
32.5¢/mile
tied to federal rate. |
No. |
No. |
$1,000 during
interim. |
|
Texas |
28¢/mile set
by General Appropriations bill; an allowance for single, twin and turbo
engines from 40¢ to $1/mile is also given. |
No. |
Members are
eligible for American Express Cards for official use. |
Official state
business only. House members are
limited to available balance in their monthly operating accounts. |
|
Utah |
31¢/mile,
round trip from home to capital. |
No. |
No. |
Yes.
Legislative use only. |
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TABLE 7. CAPITOL OFFICE, DISTRICT
OFFICE AND STAFFING ALLOWANCES, 1999 |
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State |
Allowances |
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Arizona |
None. |
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Colorado |
$2,000/year. |
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New Mexico |
None. |
|
Oklahoma |
$350/year for
unvouchered office supplies plus seven rolls of stamps. |
|
Texas |
Senate:
$25,000/month for staff salaries.
House:$9,750/month for staff salaries, supplies, stationery, postage,
district office rental, telephone expense, etc. |
|
Utah |
None. |
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TABLE 8. HEALTH, DENTAL AND OPTICAL
INSURANCE BENEFITS FOR STATE LEGISLATORS, 1999 |
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State |
Health |
Dental |
Optical |
|
Arizona |
State pays a
set amount, legislator pays remaining balance; depending on plan selected. |
Optional at
legislator’s expense. |
Optional at
legislator’s expense. |
|
Colorado |
State pays a
portion, legislator pays a portion; amount differs according to plan
selected. |
State pays
full amount. Dependents coverage at legislator’s expense. |
Not available. |
|
New Mexico |
Not available. |
Not available. |
Not available. |
|
Oklahoma |
State pays
full amount. |
State pays
full amount. |
Optional at
legislator’s expense, |
|
Texas |
State pays for
legislator, legislator pays for dependent coverage. |
Optional at
legislator’s expense. |
Included in
health coverage. |
|
Utah |
State pays
full amount depending on plan chosen. |
State pays
full amount depending on plan chosen. |
Optional at
legislator’s expense. |
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TABLE 9. DISABILITY AND LIFE INSURANCE
BENEFITS FOR STATE LEGISLATORS, 1999 |
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State |
Disability Insurance |
Same as State Employee Plan |
Life Insurance |
Same as State Employee Plan |
|
Arizona |
State pays
portion and legislator pays portion for long-term disability; short-term
disability available at legislator’s expense. |
Yes. |
Legislator may
opt to purchase up to 3 times additional life insurance above the standard
$10,000 base that all state employees receive. |
Yes. |
|
Colorado |
Not available. |
No. |
State pays
full amount for $12,000 policy. |
Yes. |
|
New Mexico |
Not available. |
No. |
Not available. |
No. |
|
Oklahoma |
State pays
full amount. |
Yes. Same as
management employees. |
State pays
full amount ($20,000). For optional amounts above that, legislator pays. |
Yes. Same as
management employees. |
|
Texas |
Optional at
legislator’s expense. |
Yes. |
Optional at
legislator’s expense. |
Yes. |
|
Utah |
Optional at
legislator’s expense. |
Yes. |
State pays
full amount for basic coverage ($18,000). Additional coverage optional at
legislator’s expense. |
Yes. |
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TABLE 10. RETIREMENT BENEFITS FOR
LEGISLATORS, 1999 |
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State |
Participation |
Same as State Employees |
Minimum Age and Service Requirement |
Contribution Rate |
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Arizona |
Optional. |
No. |
Age 65 with 5+
years of service; or age 60 with
25+ years of service. |
7%. |
|
Colorado |
Mandatory. |
No. |
Age 60 with 5
years of service. |
8% of gross
salary. |
|
New Mexico |
Optional. |
No. |
Age 65 with 5+
years of service; age 64 with 8+
years of service; age 63 with
12+ years of service; or any age with
14+ years of service. |
$100 per year
for service after 1959. |
|
Oklahoma |
Optional. |
No. |
Age 60 with 6
years of service. |
Optional
contribution of 4.5%, 6%, 7.5%, 8.5%, 9% or 10%. |
|
Texas |
Optional. |
No. |
Age 60 with 8
years of service; or age 50 with 12 years. |
8% |
|
Utah |
Mandatory. |
No. |
Age 65 with 4
years of service. |
Non-contributory. |
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TABLE 11. RETIREMENT BENEFITS FOR
LEGISLATORS, 1999 |
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Estimated Monthly |
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State |
4 Years |
12 Years |
20 Years |
Benefit Formula |
|
Arizona |
$333.33/month. |
$1,000/month. |
$1,667/month. |
4%/year of
credited service x 3 year average; maximum is 30% of member’s average yearly
salary. |
|
Colorado |
Not yet
vested. |
$350/month. |
$729/month. |
2.5% x HAS x
creditable service through 20 years plus 1.5% x HAS for 21 through 40
years. Maximum benefit = 80% of
employee’s HAS. |
|
New Mexico |
$83.33/month. |
$250/month. |
$416.66/month. |
$250 x years
of service (after 1959) |
|
Oklahoma |
$426.68 at
10%. |
$1,280.04 at
10%. |
$2,133.40 at
10%. |
Average
participated salary x length of service x computation factor depending on
optional contributions ranging from .019 to .040. |
|
Texas |
Not eligible. |
$2,288.25/month. |
$3,813.75/month. |
2.25% x
district judge’s salary (currently $8,475) x length of service. |
|
Utah |
Varies. |
Varies. |
Varies. |
$10/month x
years of service; adjusted semi-annually according to consumer price index,
limited to maximum of 4%. |
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