NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB263, SB308

SOURCES OF INFORMATION

Administrative Office of the District Attorneys (AODA)

SUMMARY

Synopsis of HAFC Amendment

The House Appropriation and Finance Committee amendment deletes the $264.5 appropriation from the bill.

Synopsis of Bill

HB 318 appropriates $264.5 from the general fund to the AODA for expenditure in FY2000 for the purpose of paying salaries and benefits for the district attorneys. Any unexpended or unencumbered

balance remaining at the end of FY2000 shall revert to the general fund.

Significant Issues

HB 318 establishes that for FY2001 and all subsequent fiscal years, the annual salary for the district attorneys shall be established by the legislature in an appropriation act. According to the AODA, the bill also does away with the two-tier system which currently exists for district attorney salaries. It raises all district attorneys' salaries to $85.0 per year and gives the legislature the authority to raise salaries in the future without having to amend the statute which sets district attorney salaries each time there is an increase.

FISCAL IMPLICATIONS

The appropriation contained in this bill for $264.5 for the AODA would be transferred to each district attorneys' office. All of the district attorney offices would experience an increase in their base budgets.

ADMINISTRATIVE IMPLICATIONS

According to the AODA, the office would experience minimal impact. However, each of the district attorneys would be affected significantly since none has received an increase in the past three fiscal years. This appropriation would result in a 15 percent increase for two DAs and a 21 percent increase for the remaining twelve DAs. The AODA also added that a recent survey showed that New Mexico District Attorneys' salaries are well below the average for the Comparison Market States (see attachment) which is $91.4 per year.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

HB 318 duplicates SB 308. The bill relates to HB 263 which increases the salaries of most public employees in the state. HB 263 contains an appropriation to the DAs which amounts to a 4 percent increase and which retains the two-tier salary system. In addition, if HB 263 were to pass with the language included for elected DAs, the statute being amended by this bill (HB 318) would have to be amended as well.

RP/prr