SB0633PAS2

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 633

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; MAKING AN APPROPRIATION TO PROVIDE FOR A THREE PERCENT SALARY INCREASE FOR STATE EMPLOYEES, INCLUDING, BUT NOT LIMITED TO, COMMISSIONED POLICE OFFICERS OF THE STATE POLICE, MOTOR TRANSPORTATION OFFICERS, FACULTY AND STAFF OF THE STATE'S FOUR- AND TWO-YEAR PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND ALL PUBLIC SCHOOL TEACHERS, INSTRUCTIONAL STAFF AND LICENSED AND UNLICENSED STAFF, INCLUDING TRANSPORTATION EMPLOYEES.

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

SECTION 1. APPROPRIATION.--

A. Twenty-four million one hundred seventy-seven thousand nine hundred dollars ($24,177,900) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2014 to provide salary increases to employees in budgeted positions who have completed their probationary period subject to satisfactory job performance. The salary increases shall be effective the first full pay period after July 1, 2013 and shall be distributed as follows:

(1) three hundred forty-eight thousand three hundred dollars ($348,300) to provide permanent legislative employees, including permanent employees of the legislative council service, legislative finance committee, legislative education study committee, legislative building services, the house and senate, house and senate chief clerks' offices and house and senate leadership, with an average salary increase of three percent;

(2) three million six hundred thousand nine hundred dollars ($3,600,900) to provide child support hearing officers, special commissioners, all judicial permanent employees and all district attorney permanent employees, other than elected district attorneys and employees whose salaries are set by statute, with an average salary increase of three percent;

(3) fifteen million four hundred seventy-one thousand sixty dollars ($15,471,060) to provide incumbents in agencies governed by the Personnel Act with an average salary increase of three percent as follows:

(a) seven million nine hundred thirty-eight thousand five hundred forty-six dollars ($7,938,546) for classified employees not covered by a collective bargaining agreement;

(b) seven million one hundred ninety-four thousand sixty-six dollars ($7,194,066) for classified employees covered by a collective bargaining agreement in effect on July 1, 2013; and

(c) three hundred thirty-eight thousand four hundred forty-eight dollars ($338,448) for adjustments to appropriations in this paragraph as necessary;

(4) two million one hundred twenty-three thousand six hundred forty dollars ($2,123,640) for executive exempt employees, including attorney general employees and workers' compensation judges, to provide an average salary increase of three percent; and

(5) two million six hundred thirty-four thousand dollars ($2,634,000), of which two million two hundred eighty-nine thousand dollars ($2,289,000) is for commissioned police officers of the state police division provide an average salary increase of three percent in accordance with the New Mexico state police career pay system and three hundred forty-five thousand dollars ($345,000) for commissioned officers in the motor transportation division governed by the Personnel Act to provide an average salary increase of three percent.

B. Seventeen million five hundred thirty-four thousand four hundred dollars ($17,534,400) is appropriated from the general fund to the higher education department for expenditure in fiscal year 2014 to provide faculty and staff of four- and two-year public post-secondary educational institutions with an average annual salary increase of three percent, effective the first full pay period after July 1, 2013.

C. The department of finance and administration shall distribute a sufficient amount to each agency to provide the appropriate increase for those employees whose salaries are received as a result of the general fund appropriations in the General Appropriation Act of 2013. Any unexpended or unencumbered balance remaining at the end of fiscal year 2014 shall revert to the general fund.

D. For those state employees whose salaries are referenced in or received as a result of nongeneral fund appropriations in the General Appropriation Act of 2013, the department of finance and administration shall transfer from the appropriate fund to the appropriate agency the amount required for the salary increases equivalent to those provided for in this section, and such amounts are appropriated for expenditure in fiscal year 2014. Any unexpended or unencumbered balance remaining at the end of fiscal year 2014 shall revert to the appropriate fund.

E. Fifty-three million one hundred fifty-one thousand nine hundred dollars ($53,151,900) is appropriated from the general fund to the public school fund state equalization guarantee distribution and one million three hundred twenty-eight thousand four hundred dollars ($1,328,400) is appropriated from the general fund to the public school fund transportation distribution to provide an average three percent salary increase for all teachers, other instructional staff and other licensed and unlicensed staff, including transportation employees, and the compensation shall be effective the first full pay period after July 1, 2013. This amount does not include and is in addition to salary increases due to licensure advancement pursuant to the School Personnel Act. Prior to the approval of the school district or charter school's budget, the secretary of public education shall verify that each school district or charter school is providing an average three percent salary increase for all teachers and other licensed school employees and an average three percent salary increase for all unlicensed school employees.

SECTION 2. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

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