SENATE BILL 163

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

FOR THE GOVERNMENT RESTRUCTURING TASK FORCE

AN ACT

RELATING TO EXECUTIVE SALARIES; REQUIRING SALARIES TO BE REPORTED IN THE EXEMPT SALARIES PLAN; REQUIRING LEGISLATIVE ADOPTION IN THE GENERAL APPROPRIATION ACT.

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

     SECTION 1. Section 10-9-5 NMSA 1978 (being Laws 1978, Chapter 96, Section 1, as amended) is amended to read:

     "10-9-5. PUBLIC OFFICERS AND PUBLIC EMPLOYEES--EXECUTIVE BRANCH--ANNUAL EXEMPT SALARIES PLAN.--

          A. The department of finance and administration shall prepare, by December 1 of each year, an exempt salaries plan for the governor's approval. The plan shall specify the salary [ranges] for the following public officer and public employee positions of the executive branch of government for the current and subsequent fiscal years:

                (1) members of boards and commissions appointed by the governor that are paid a salary;

                (2) heads of agencies or departments appointed by the governor;

                (3) heads of agencies or departments appointed by the respective boards and commissions of the agencies;

                (4) directors of department divisions;

                (5) employees in the governor's office;

                (6) positions in the state militia and the commissioned officers of the New Mexico state police division of the department of public safety;

                (7) assistants and secretaries in the offices of each official covered by Paragraphs (2), (3) and (10) of this subsection;

                (8) positions of a professional or scientific nature [which] that are temporary in nature;

                (9) state employees whose positions the personnel board has classified as policymaking positions and exempt employees of elective public officials; and

                (10) secretaries of departments appointed by the governor.

          B. Excluded from the provisions of this section are employees of [the commission on higher education and employees of] state educational institutions named in Article 12, Section 11 of the constitution of New Mexico.

          C. The exempt salaries plan for the ensuing fiscal year, as prepared by the department of finance and administration and approved by the governor, shall be published as a part of the executive budget document presented to the legislature at its next regular session following the preparation of the plan.

          [D. Upon the governor's approval, the plan shall take effect at the beginning of the subsequent fiscal year.]

          D. The exempt salaries plan for the subsequent fiscal year shall be included in the general appropriation act."

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