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SPONSOR: |
Saavedra |
DATE TYPED: |
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HB |
285/aHGUAC |
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SHORT TITLE: |
Adjutant General Appointment and Salary |
SB |
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ANALYST: |
Collard |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
Recurring |
General
Fund |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates
SB 144
Relates
to HB 149
Responses
Received From
Department
of Military Affairs
SUMMARY
Summary of HGUAC
Amendment
The
House Government and Urban Affairs Committee amends House Bill 285 by changing
the requirements of the adjutant general to be a federally recognized officer
of the rank of lieutenant colonel or higher who has served during the previous
five years as an officer in the New Mexico national guard. Additionally, the
amendment makes technical changes to reference correct sections of NMSA 1978. The amendment also relinquishes the sole power
of the governor to appoint the state efficiency board. The amendment requires federally recognized
officers of the rank of major general or higher to be appointed by the chief of
the national guard bureau at the request of the governor. The state efficiency board is one mean by
which the adjutant general could be removed from office. Finally, the amendment relinquishes the sole
right of the governor to dismiss the adjutant general from office.
The
Department of Military Affairs notes these amendments preserve the military
chain of command, while still allowing the governor to direct the forces under
his control.
Synopsis
of Original Bill
House Bill 285
establishes the adjutant general’s salary to be equal with a cabinet level
position. It also establishes specific
qualifications for his appointment and confirmation. Finally, the bill changes the deputy adjutant
general to an exempt employee of the state and repeals the provision for honorary
promotion on retirement.
Significant
Issues
Qualifications for the adjutant general include:
·
A federally recognized officer of the
rank of lieutenant colonel or higher;
·
Has served as a commander in the
·
Has served as a federally recognized
officer in the New Mexico national guard for at least five years preceding the
nomination; and
·
Shall have the military grade of major
general
FISCAL IMPLICATIONS
The Department of
Military Affairs notes this bill elevates the office of the adjutant general to
a cabinet level position in terms of pay.
The cabinet level pay can vary from $86.6 to $100.0. The current adjutant general salary is
$87.1. The deputy adjutant general
position would become an exempt position subject to pay established by the
adjutant general and the governor.
DUPLICATION and RELATIONSHIP
House Bill 285
duplicates Senate Bill 144. House Bill
285 is similar to House Bill 149, addressing some of the same legislation
changes to the Department of Military Affairs, but in greater detail than House
Bill 149.
OTHER SUBSTANTIVE ISSUES
The Department of Military Affairs indicates a
legislative conflict because Section
The department also notes the deletion of
Section 20-4-1(B)(5) is contrary to existing federal regulations pertaining to
the National Guard as the National Guard Regulations clearly provide that
federal recognition boards are a proper mechanism to determine continued
service for commissioned officers and warrant officers, or to eliminate the
same for non-performance or other reasons established by regulation.