SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 81

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

AN ACT

RELATING TO STATE EXPENDITURES; REQUIRING AGENCIES TO COMPLY WITH BOTH THE LAW LIMITING THE NUMBER OF EMPLOYEES AND THE GOVERNOR'S HIRING FREEZE; DECREASING THE AMOUNT OF CERTAIN FISCAL YEAR 2009 REDUCTIONS IN APPROPRIATIONS; DECLARING AN EMERGENCY.

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

     Section 1. TEMPORARY PROVISION--COMPLIANCE WITH LIMITATIONS ON THE NUMBER OF EMPLOYEES--CERTAIN APPROPRIATION REDUCTIONS DECREASED.--

          A. Except as provided in Subsection B of this section, the number of full-time employees at a state agency whose salaries are derived from general fund appropriations shall not exceed the lesser of:

                (1) the number of full-time-equivalent employees whose salaries are derived from general fund appropriations and that are authorized for that agency in the General Appropriation Act of 2008; or

                (2) the number of full-time employees at that agency whose salaries were derived from general fund appropriations and employed on October 17, 2008, the date that the governor announced the hiring freeze.

          B. The limitations of Subsection A of this section do not apply to employees determined by the personnel board to be essential for the health, safety or welfare of the state, its agencies or its residents.

          C. The reductions in fiscal year 2009 appropriations to each state agency made in any other laws enacted by the first session of the forty-ninth legislature are decreased to reflect savings realized for that agency by compliance with the provisions of this section.

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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