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SPONSOR: | Fidel | DATE TYPED: | 02/14/00 | HB | |||
SHORT TITLE: | Salary Increases for Elected State Officers | SB | 233 | ||||
ANALYST: | Gonzales/Dunbar |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY00 | FY01 | FY00 | FY 01 | ||
$ 250.3 | Rec | GF | |||
$ 21.9 | Rec | Land Maintenance |
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
Attorney General
Department of Finance and Administration
Office of the Secretary of State
Office of the State Auditor
NM Public Regulation Commission
SUMMARY
Synopsis of Bill
SB 233 provides for a salary increase for executive elected officials: governor, secretary of state, state auditor, state treasure, attorney general , commissioner of public lands and public regulation commissioners. All increases are effective in FY01, except for the governor's increase, which would be effective on January 1, 2003.
Significant Issues
According to the Attorney General's (AG) analysis, the salary increase (except for the governors) are effective during the presently-serving officers' terms of office. This raises a constitutional question under Article IV, Section 27 of the Constitution of New Mexico. This article and section prohibits midterm salary increases unless the constitution "provides otherwise". The AG's office indicates that a reasonable argument can be made that the constitution "provides otherwise" for all of the elected executive officers named in the bill except public regulation commissioners.
FISCAL IMPLICATIONS
The bill appropriates $250.3 from the general fund. Assuming a July 1, 2000 implementation date, the actual general fund appropriation needed for FY 01, considering 25 % or 24% in benefits, ( not all elected official participate in retirement benefits) would be $200.4. An additional $21.9 would be required for the land maintenance fund for the Commissioner of Public Lands.
TECHNICAL ISSUES
The bill doesn't specify exactly what date during FY 01 the salary increases would become effective for the elected officials other than the Governor.
OTHER SUBSTANTIVE ISSUES
The AG's office states that the constitution in the "otherwise provided" language allows for this increase. The argument is as follows:
JG/WD/sb