SENATE BILL 23

49th legislature - STATE OF NEW MEXICO - first special session, 2009

INTRODUCED BY

John C. Ryan

AN ACT

RELATING TO PERSONNEL; LIMITING EXEMPT EMPLOYEES IN THE EXECUTIVE BRANCH; REDUCING EXEMPT EMPLOYEES IN THE EXECUTIVE BRANCH; DECLARING AN EMERGENCY.

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

     Section 1. EXECUTIVE EXEMPT EMPLOYEE POSITIONS.--The governor shall be limited to maintaining:

          A. not more than two hundred employees exempt from the Personnel Act pursuant to Subsection B, C, D, K, L or N of Section 10-9-4 NMSA 1978, not including those employment positions created in statute or those under the control of the attorney general, state auditor, secretary of state, state treasurer, public regulation commission, state land office and office of the lieutenant governor; and

          B. not more than twenty employees exempt from the Personnel Act pursuant to Subsection G of Section 10-9-4 NMSA 1978.

     Section 2. REDUCTION IN EXEMPT POSITIONS UNDER THE EXECUTIVE BRANCH--TEMPORARY POSITION.--

          A. The governor shall reduce the number of exempt employees under the executive branch pursuant to Section 1 of this act before January 30, 2010.

          B. The department of finance and administration shall adjust the fiscal year 2010 and 2011 budgets of each agency in proportion to the number and salaries of its exempt employees. The remainder of the money appropriated for the personal services and benefits categories in Section 4 of the General Appropriation Act of 2009 from the reduction in exempt employees shall revert to the general fund.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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