HOUSE BILL 837

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

INTRODUCED BY

Luciano "Lucky" Varela

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; CREATING THE STATE PERSONNEL DIVISION IN THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TRANSFERRING THE STATE PERSONNEL OFFICE TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION; ADMINISTRATIVELY ATTACHING THE PERSONNEL BOARD; REPEALING SECTIONS 9-17-6 AND 10-9-11 NMSA 1978 (BEING LAWS 1983, CHAPTER 301, SECTION 6 AND LAWS 1977, CHAPTER 247, SECTION 47, AS AMENDED); MAKING AN APPROPRIATION.

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

     Section 1. Section 9-6-3 NMSA 1978 (being Laws 1977, Chapter 247, Section 3, as amended) is amended to read:

     "9-6-3. DEPARTMENT OF FINANCE AND ADMINISTRATION--CREATION--TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION OF DIVISIONS.--

          A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including but not limited to:

                (1) the board of finance division;

                (2) the financial control division;

                (3) the local government division;

                (4) the management and contracts review division; [and]

                (5) the state budget division; and

                (6) the state personnel division.

          B. The secretary is empowered to organize the department and the divisions thereof specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

          C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency and economy."

     Section 2. A new section of the Department of Finance and Administration Act is enacted to read:

     "[NEW MATERIAL] ADMINISTRATIVELY ATTACHED AGENCY.--The personnel board is administratively attached to the state personnel division of the department." 

     Section 3. Section 10-9-3 NMSA 1978 (being Laws 1961, Chapter 240, Section 3) is amended to read:

     "10-9-3. DEFINITIONS.--As used in the Personnel Act:

          A. "director" [means the personnel director] or "personnel director" means the director of the division;

          B. "division" means the state personnel division of the department of finance and administration;

          [B.] C. "board" means the personnel board;

          [C.] D. "service" means the state personnel service created by the Personnel Act and includes all positions covered by the Personnel Act;

          [D.] E. "position" means any state office, job or position of employment;

          [E.] F. "employer" means any authority having power to fill positions in an agency;

          [F.] G. "agency" means any state department, bureau, division, branch or administrative group [which] that is under the same employer;

          [G.] H. "class" means a group of positions similar enough in powers and responsibilities that they can be covered by the same qualifications and rate of pay;

          [H.] I. "test" means a test of the qualifications, fitness and ability and includes tests that are written, oral, physical or in the form of a demonstration of skill or any combination thereof;

          [I.] J. "employee" means a person in a position in the service who has completed [his] the probationary period for that position; and

          [J.] K. "probationer" means a person in a position in the service who is still in the probationary period for that position."

     Section 4. Section 10-9-8 NMSA 1978 (being Laws 1961, Chapter 240, Section 5, as amended) is amended to read:

     "10-9-8. PERSONNEL BOARD--APPOINTMENT.--

          A. The "personnel board" is created and shall be composed of five members, appointed by the governor and confirmed by the senate, who shall serve staggered terms of five years each with one board member's term expiring each year. No person shall be a member of the board or eligible for appointment to the board who is an employee in the service, holds political office or is an officer of a political organization.

          B. The board is administratively attached to the state personnel division of the department of finance and administration. The secretary of finance and administration, with the approval of the board, shall appoint a director of the division. This subsection shall not be construed to affect the exercise of any board power or duty nor shall it be construed as placing the board under the provisions of the Executive Reorganization Act or the provisions of Section 9-6-5 NMSA 1978."

     Section 5. Section 10-9-10 NMSA 1978 (being Laws 1961, Chapter 240, Section 7, as amended) is amended to read:

     "10-9-10. BOARD DUTIES.--The board shall:

          A. promulgate [regulations] rules to effectuate the Personnel Act;

          B. hear appeals and make recommendations to employers;

          C. [hire, with the approval of the governor, a] approve the appointment by the secretary of finance and administration of the director experienced in the field of personnel administration;

          D. review budget requests prepared by the director for the operation of the [personnel program] division and make appropriate recommendations [thereon];

          E. make investigations, studies and audits necessary to the proper administration of the Personnel Act;

          F. make an annual report to the governor at the end of each fiscal year; and

          [G. establish and maintain liaison with the general services department; and

          H.] G. represent the public interest in the improvement of personnel administration in the system."

     Section 6. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW AND RULES.--On July 1, 2009:

          A. all functions, personnel, appropriations, money, records, equipment, supplies and other property of the state personnel office and personnel board are transferred to the department of finance and administration;

          B. all contracts, grants, agreements and other

obligations of the state personnel office are transferred to and are binding on the department of finance and administration; and

          C. all references in law to the state personnel office shall be deemed to be references to the state personnel division of the department of finance and administration.

     Section 7. APPROPRIATION.--Four million five hundred ninety-nine thousand seven hundred dollars ($4,599,700) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2010 to fund the state personnel division of the department of finance and administration and the personnel board. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund. 

     Section 8. REPEAL.--Sections 9-17-6 and 10-9-11 NMSA 1978 (being Laws 1983, Chapter 301, Section 6 and Laws 1977, Chapter 247, Section 47, as amended) are repealed.

     Section 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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