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SENATE BILL 135
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Peter Wirth
AN ACT
RELATING TO REIMBURSEMENT FOR OUT-OF-STATE TRAVEL; ALLOWING
REIMBURSEMENT FOR OUT-OF-STATE TRAVEL ON LEGISLATIVE BUSINESS
FOR LEGISLATORS WHO ARE NOT ON A PRIMARY OR GENERAL ELECTION
BALLOT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-8-5 NMSA 1978 (being Laws 1978,
Chapter 184, Section 4, as amended) is amended to read:
"10-8-5. RESTRICTIONS--RULES.--
A. The secretary may promulgate rules for state
agencies and local public bodies for the purpose of carrying
out the provisions of the Per Diem and Mileage Act. Public
officials of public post-secondary educational institutions and
employees of public post-secondary educational institutions
shall be subject to the rules of their governing boards.
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B. Public funds may be advanced to [any ] a public
officer or employee before the travel occurs only with prior
written approval of the secretary, the secretary's designee,
the local public body or the governing board or its designee.
This restriction shall not prohibit the use of authorized
credit cards in connection with purchases necessary to the use
of vehicles owned by the state, a local public body or a public
post-secondary educational institution or for food, lodging or
transportation as permitted by the department of finance and
administration or the governing board. Public funds shall be
paid [out under the Per Diem and Mileage Act ] only upon
vouchers duly presented with any required receipts attached
[thereto]. For employees authorized to receive public funds in
advance of travel, payment shall be received only upon vouchers
submitted with attached authorization for each travel period.
For public officers or employees using authorized credit cards,
vouchers with required receipts for each month's travel
expenses shall be submitted as a condition to receiving
authorization to use the credit card for the next month's
travel. Travel expenses may also be advanced if the travel is
to be performed under provisions of federal or private
contracts and the funds used are not derived from taxes or
revenues paid to the state or any of its political
subdivisions.
C. The secretary may reduce the rates set for the
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per diem and mileage for any class of public officials and for
employees of state agencies, except public officials of public
post-secondary educational institutions, at any time the
secretary deems it to be in the public interest, and [such ] the
reduction shall not be construed to permit payment of any other
compensation, perquisite or allowance. The secretary shall
exercise this power of reduction in a reasonable manner and
shall attempt to achieve a standard rate for all public
officers and employees of the same classification. The
secretary may, at the request of [any ] a state agency and for
good cause shown, reduce the rates of per diem and mileage for
that state agency. The governing body of [any ] a local public
body may eliminate or may reduce the rates set for the per diem
and mileage for all or any class of public officials and
employees of the local public body at any time the local public
body deems it to be in the public interest, and [such ] the
reduction shall not be construed to permit payment of any other
compensation, perquisite or allowance. The local public body
shall exercise this power of reduction in a reasonable manner
and shall attempt to achieve a standard rate for all public
officers and employees of the same classification. The
secretary may, in extraordinary circumstances and with the
prior approval of the state board of finance in public meeting,
allow actual expenses rather than the per diem rates set in the
Per Diem and Mileage Act.
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D. The governing board or its designee may reduce
the rates set for the per diem and mileage for public officials
of public post-secondary educational institutions and for
employees of public post-secondary educational institutions at
any time the governing board deems it to be in the public
interest, and [such] the reduction shall not be construed to
permit payment of any other compensation, perquisite or
allowance. The governing board shall exercise this power of
reduction in a reasonable manner and shall attempt to achieve a
standard rate for public officers and employees of public post-
secondary educational institutions. The governing board may
reduce the rates of per diem and mileage for its public post-
secondary educational institution and may, in extraordinary
circumstances and in public meeting, allow actual expenses
rather than the per diem rates set in the Per Diem and Mileage
Act.
E. No reimbursement for out-of-state travel shall
be paid to [any] an elected public officer [including any
member of the legislature ] if after the last day to do so that
officer has not filed a declaration of candidacy for reelection
to the public officer's currently held office or has been
defeated for reelection to the public officer's currently held
office in a primary [election ] or [any] general election.
F. Subsection E of this section does not apply to
[any] an elected public officer who is ineligible to serve
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another term after serving the public officer's term in office.
G. Subsection E of this section does not apply to
[legislators whose travel has been approved by a three-fourths'
vote of the New Mexico legislative council at a regularly
called meeting] members of the legislature .
H. [Any] A person who is not an employee, appointee
or elected official of a county or municipality and who is
reimbursed under the provisions of the Per Diem and Mileage Act
in an amount that singly or in the aggregate exceeds one
thousand five hundred dollars ($1,500) in [any ] one year
[shall] is not [be] entitled to further reimbursement under the
provisions of that act until the person furnishes in writing to
the person's department head or, in the case of a department
head or board or commission member, to the governor or, in the
case of a member of the legislature, to the New Mexico
legislative council, an itemized statement on each separate
instance of travel covered within the reimbursement, the place
to which traveled and the executive, judicial or legislative
purpose served by the travel."
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