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SPONSOR: | Adair | DATE TYPED: | 02/03/00 | HB | |||
SHORT TITLE: | Conditions of Employment | SB | SJR 17 | ||||
ANALYST: | Burch |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY00 | FY01 | FY00 | FY01 | ||
$ 17.0 | Nonrecurring | General Fund |
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Relates to HJR 13, SB49 and SB178
SOURCES OF INFORMATION
LFC files
Attorney General
State Personnel Office
Labor Department
SUMMARY
Synopsis of Bill
The legislation proposes to add a new section to Article 2 of the New Mexico Constitution to prohibit the following as a condition of employment:
Significant Issues
According to the agency analyses, this legislation is basically a "right-to-work" bill and could have an impact on the development of labor unions in New Mexico. The proposal, however, does not ban collective bargaining.
FISCAL IMPLICATIONS
The Secretary of State reports that it costs approximately $17.0 to place an item on the ballot. The next general election is in November 2000.
ADMINISTRATIVE IMPLICATIONS
The Secretary of State would be required to perform the necessary steps to place a constitutional amendment on the ballot.
DUPLICATION/RELATIONSHIP
The bill duplicates HJR 13 and relates to SB 49 and SB 178, which are collective bargaining bills for public employees.
OTHER SUBSTANTIVE ISSUES
According to the Attorney General analysis, the prohibition would require an employer to hire a person who belonged to an organization, even if the employer thought the organization was illegal, immoral or repugnant. In effect, the proposed amendment adds membership in a particular organization to the constitutional and statutory categories of people that private employers are already prohibited from discriminating against, such as race, national origin, gender, age and disability. Public employers probably are already prohibited by the First Amendment from making employment decisions based on organization membership.
DKB/njw