SENATE BILL 29

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Stuart Ingle

ENDORSED BY THE INVESTMENTS AND PENSIONS OVERSIGHT COMMITTEE

AN ACT

RELATING TO PUBLIC EMPLOYEES; EXEMPTING CERTAIN EDUCATIONAL RETIREMENT BOARD EMPLOYEES FROM THE PERSONNEL ACT; ALLOWING THE EDUCATIONAL RETIREMENT DIRECTOR TO EMPLOY AND FIX THE SALARIES OF CERTAIN EMPLOYEES; PROVIDING THAT THE BOARD FIX THE DIRECTOR'S SALARY.

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

     SECTION 1. Section 10-9-4 NMSA 1978 (being Laws 1961, Chapter 240, Section 4, as amended) is amended to read:

     "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the service cover all state positions except:

          A. officials elected by popular vote or appointed to fill vacancies to elective offices;

          B. members of boards and commissions and heads of agencies appointed by the governor;

          C. heads of agencies appointed by boards or commissions;

          D. directors of department divisions;

          E. those in educational institutions and in public schools;

          F. those who are employed by state institutions and by state agencies providing educational programs and who are required to hold valid certificates as certified school instructors as defined in Section 22-1-2 NMSA 1978 issued by the public education department;

          G. the chief investment officer of the educational retirement board and those employed in the investment division of the board as portfolio managers, investment analysts or supervisors;

          [G.] H. those in the governor's office;

          [H.] I. those in the state militia or the commissioned officers of the New Mexico state police division of the department of public safety;

          [I.] J. those in the judicial branch of government;

          [J.] K. those in the public defender department, upon implementation of personnel policies and rules by the public defender commission;

          [K.] L. those in the legislative branch of government;

          [L. not more than] M. up to two assistants and one secretary in the office of each official listed in Subsections A [B] and C of this section [excluding members of boards and commissions in Subsection B of this section] and in the office of each head of an agency appointed by the governor;

          [M.] N. those of a professional or scientific nature that are temporary in nature;

          [N.] O. those filled by patients or inmates in charitable, penal or correctional institutions;

          [O.] P. state employees if the board in its discretion decides that the position is one of policymaking; and

          [P.] Q. disadvantaged youth under twenty-two years of age who are regularly enrolled or to be enrolled in a secondary educational institution approved by the public education department or in an accredited state institution of advanced learning or vocational training and who are to be employed for not more than seven hundred twenty hours during any calendar year:

                (1) the term "disadvantaged youth" shall be defined for purposes of this exemption by regulation duly promulgated by the board; and

                (2) the board shall:

                     (a) require that all the criteria of this subsection have been met;

                     (b) establish employment lists for the certification of the highest-standing candidates to the prospective employers; and

                     (c) establish the pay rates for such employees."

     SECTION 2. 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] that specifies salary ranges for the following public officer and public employee positions of the executive branch of government:

                (1) members of boards and commissions appointed by the governor;

                (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) and (3) [and (10)] of this subsection;

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

                (9) state employees whose positions the [personnel] board has classified as [policy-making] 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:

                (1) employees of the [commission on] higher education department and employees of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico; and

                (2) the chief investment officer of the educational retirement board and those employed in the investment division of the board as portfolio managers, investment analysts or supervisors.

          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."

     SECTION 3. Section 22-11-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 131) is amended to read:

     "22-11-7. EDUCATIONAL RETIREMENT DIRECTOR--BOND--EMPLOYEES OF THE DIRECTOR.--

          A. The board shall employ [an educational retirement] and fix the salary of a director. The director shall be the administrative officer for the board in carrying out the provisions of the Educational Retirement Act and shall have those additional duties provided in the regulations of the board.

          B. Before assuming the duties of office, the director shall obtain an official bond payable to the fund and conditioned upon the faithful performance of [his] the director's duties during [his] the director's term of office. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond shall be not less than twenty-five thousand dollars ($25,000). The board may elect to obtain a schedule or blanket corporate surety bond covering the director and employees of the [division] board for any period not exceeding four years. The cost of a bond obtained pursuant to this section shall be paid from the fund. Any bond obtained shall be approved by the board and filed with the secretary of state.

          C. The director may employ a chief investment officer, portfolio managers, investment analysts and investment division supervisors to serve at the director's pleasure. The director shall, within budget allowances and appropriation limits, fix the salary of an employee serving in any of those positions."

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