SENATE BILL 191

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Cynthia Nava

AN ACT

RELATING TO FISCAL SOLVENCY; TEMPORARILY ADOPTING A FOUR-DAY WORK WEEK FOR CERTAIN STATE EMPLOYEES AND SCHOOL DISTRICTS.

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

     Section 1. FISCAL SOLVENCY--STATE PERSONNEL AND SCHOOL DISTRICTS--FOUR-DAY WORK WEEK--FISCAL YEARS 2010 AND 2011.--

          A. The legislature finds that severe economic constraints require the state and school districts to take extraordinary measures to meet budget shortfalls. The legislature finds that changing the standard work week for state government and school districts to a four-day work week will engender significant savings by reducing utility, transportation and other costs. For state government, the four-day work week shall consist of four ten-hour days.

          B. For fiscal year 2011, except as otherwise provided in this section, all state agencies shall adopt a four-day, forty-hour work week, except for public safety employees, including state police, correctional officers and other law enforcement personnel and required administrative or other staff necessary to support those employees; and health care personnel in state facilities that provide continuous care and required administrative or other staff necessary to support those employees. The governor may declare by executive order other positions for which it is necessary to maintain a standard or other schedule, including the need to keep a standard work week for state parks, museums and monuments and other tourist-oriented venues and for maintenance employees. The state personnel office shall work with the governor's office and the other elected officers of the executive branch to implement the provisions of this section. The work week change shall be implemented so as to be the least disruptive as possible to the public. State agencies shall be open and available to the public during the ten hours each day of the four-day work week.

          C. For fiscal year 2011, all legislative agencies shall adopt a four-day, forty-hour work week unless a different schedule is required to prepare for a legislative session. The legislative council service may provide for a different schedule for building services personnel.

          D. For fiscal year 2011, the supreme court of New Mexico shall order the adoption of a four-day, forty-hour work week for those judicial agencies and courts for which such a schedule is feasible without limiting the administration of justice. The supreme court may provide for a different schedule for the supreme court building commission employees.

          E. For fiscal year 2011, all school districts shall adopt a four-day school week that provides the equivalent of the regular school year. A local school board may exempt maintenance and other specified positions for which the board declares the necessity for the exemption. No school personnel or school transportation contracts shall be entered into for fiscal year 2011 that do not provide for a four-day school week.

          F. State agencies of the executive, judicial and legislative branches may adopt a four-day, forty-hour work week as soon as practicable during fiscal year 2010. School districts may convert some or all of their administration and schools to a four-day week as soon as practicable during fiscal year 2010 except as limited by contractual requirements.

          G. The department of finance and administration or the public education department shall adjust budgets upon implementation of this section.

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