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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB745 Companion to HJR17 Relates to HB764, SB744

SOURCES OF INFORMATION

Attorney General

Local Government Division, Department of Finance and Administration

SUMMARY

Synopsis of Bill

House Bill 765 amends Section 4-44-12.3 NMSA 1978 that references when salary increases for elected county officials, approved by the majority of a board of county commissioners, may take place. With this bill, the salary increases may take place at any time, allowing for midterm salary increases for elected county officials.

Significant Issues

This bill is contingent upon an amendment to Article 10, Section 1 of the Constitution of New Mexico (See HJR17, 1999 Legislative Session) that allows for midterm salary increases for county officers. The Constitutional amendment would need voter approval.

According to the Attorney General, "the proposed amendment appears to be a reaction to the recent decision of the New Mexico Supreme Court in State ex rel. Haragan V. Harris, 1998-NMSC-043 [Vol. 37, No. 52, SBB 15 which looked at whether elected county officials were excepted by Article 10, Section 1 from the prohibition against midterm salary changes for public officers contained in Article 4, Section 27 of the Constitution of New Mexico.]. The court held that the general language in Article 10, Section 1 granting the legislature authority to fix county officer salaries was not sufficient to except those salaries from the prohibition. If the constitutional amendment proposed by HJR17 is not put before or approved by the state's voters, Section 4-44-12.3, as it is currently drafted will remain in effect. As currently drafted, Section 4-44-12.3 affirmatively authorizes midterm salary increases for county officers, and is unconstitutional under Haragan."

DUPLICATION/COMPANIONSHIP/RELATIONSHIP

This bill duplicates SB745.

This bill relates to HB764 and SB744 which both amend the statutory provisions governing salaries of elected county officials to repeal the authority for midterm salary increases.

This bill is a companion to HJR17 which amends Article 10, Section 1 of the Constitution of New Mexico to allow for midterm salary increases for elected county officers.

TECHNICAL ISSUES

It appears that Article 4, Section 27 of the Constitution of New Mexico would also need to be amended to allow for the midterm salary increases.

POSSIBLE QUESTIONS

The Attorney General notes an alternative of amending Section 4-44-12.3 so that it authorizes salary increases for elected county officers only at the beginning of their terms of office, and make the amendment effective only if HJR17 is not adopted.

JMG/njw