SENATE BILL 21

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

INTRODUCED BY

Stephen H. Fischmann

AN ACT

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

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

     Section 1. A new section of the Personnel Act is enacted to read:

     "[NEW MATERIAL] EXEMPT EMPLOYEES FILLING CLASSIFIED POSITIONS--PROHIBITION.--An employee of the state who is exempt from the Personnel Act pursuant to Subsection B, C, D, G, K or N of Section 10-9-4 NMSA 1978 shall not be eligible for a classified position in a department or agency under the control of an elected official in the executive branch during the last two years of the term of the elected official under whose administration the exempt employee was appointed or retained."

     Section 2. EXECUTIVE EXEMPT POSITIONS--REDUCTION IN FORCE--TEMPORARY PROVISION.--

          A. The legislature finds that the current fiscal crisis requires extraordinary measures to ensure fiscal solvency for fiscal years 2010 and 2011. The governor shall prepare and implement a reduction in force plan for exempt employees in cabinet departments and other state agencies under the control of the governor that reduces the total number of exempt employees in those state agencies by at least one hundred eighty; provided that a position that has been confirmed by the senate or is required by a specific law shall not be eliminated; and provided further that the reduction in force shall not affect employees making an annual salary of fifty thousand dollars ($50,000) or less. The reduction in force shall be accomplished by January 22, 2010.

          B. Eight million one hundred thousand dollars ($8,100,000) is reduced from the personal services and benefits categories in Section 4 of the General Appropriation Act of 2009 in those agencies under the control of the governor. The department of finance and administration shall adjust the budgets of each agency in proportion to the number and salaries of its exempt employees with a salary of more than fifty thousand dollars ($50,000).

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