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SENATE BILL 52
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
William P. Soules
AN ACT
RELATING TO PUBLIC OFFICERS; ADJUSTING THE REIMBURSEMENT RATES
FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE AND PRIVATELY OWNED
AIRPLANE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 2-1-9 NMSA 1978 (being Laws 1971,
Chapter 1, Section 11, as amended) is amended to read:
"2-1-9. OUT-OF-STATE TRAVEL--IN-STATE TRAVEL.--
A. Out-of-state travel of members, officers and
employees of the legislative branch of government shall be
exempt from approval by any member of the executive branch.
B. Members of the legislature serving on official
business for interim committees within the state shall receive:
(1) per diem at the internal revenue service
per diem rate as provided in Section 2-1-8 NMSA 1978 for each
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day served, including travel time, and the cost of public
transportation by the shortest, most direct route or mileage
for each mile traveled by the shortest, most direct route by
[automobiles] automobile or airplane at the [internal revenue
service] standard mileage rate [or by privately owned aircraft
at the air mileage rate set out by the rules adopted by the
department of finance and administration pursuant to the Per
Diem and Mileage Act] set by the United States general services
administration for privately owned automobile and privately
owned airplane; and
(2) per diem for one additional day at the
internal revenue service per diem rate as provided in Section
2-1-8 NMSA 1978 if, in order to serve on official business for
an interim committee, a legislator travels to a location that
is one hundred or more miles from the location of the
legislator's point of departure; provided that, pursuant to
policies adopted by the New Mexico legislative council, per
diem under this paragraph shall be paid only if the legislator
is not entitled to per diem for travel time as provided in
Paragraph (1) of this subsection.
C. Reimbursement for out-of-state travel on
committee business shall be as follows:
(1) the cost of the tickets on public
transportation by the shortest, most direct route and the cost
of airport parking; or
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(2) mileage at the same rates established for
in-state travel if automobiles or private airplanes are used,
based on official mileage by the shortest, most direct route;
and
(3) per diem for the number of days spent in
travel and on committee business at the in-state rate provided
for in Section 2-1-8 NMSA 1978; and
(4) in no event, however, shall the
reimbursement for out-of-state travel exceed the dollar amount
that would be due if the member had used first class public air
transportation by the shortest, most direct route."
SECTION 2. Section 10-8-4 NMSA 1978 (being Laws 1963,
Chapter 31, Section 3, as amended) is amended to read:
"10-8-4. PER DIEM AND MILEAGE RATES--IN LIEU OF
PAYMENT.--
A. Notwithstanding any other specific law to the
contrary and except as provided in Subsection I of this
section, every nonsalaried public officer shall receive either
reimbursement pursuant to the provisions of Subsection K or L
of this section or per diem expenses in the following amounts
for a board or committee meeting attended; provided that the
officer shall not receive per diem expenses for more than one
board or committee meeting that occurs on the same day; or for
each day spent in discharge of official duties for travel
within the state but away from the officer's home:
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(1) forty-five dollars ($45.00) if the officer
physically attends the board or committee meeting for less than
four hours or the officer attends a virtual meeting of any
duration during a single calendar day; or
(2) ninety-five dollars ($95.00) if the
officer physically attends the board or committee meeting for
four hours or more during a single calendar day.
B. Every salaried public officer or employee who is
traveling within the state but away from the officer's or
employee's home and designated post of duty on official
business shall receive either reimbursement pursuant to the
provisions of Subsection K or L of this section or for each day
spent in the discharge of official duties, the amount
established by the department of finance and administration for
the fiscal year in which the travel occurs. The department of
finance and administration shall establish the reimbursement
rate to be used for the next fiscal year by May 1 of each
fiscal year; provided that such rate shall take into
consideration the rates available for lodging, meals and
incidentals as determined by the United States general services
administration for that period of time.
C. Every public officer or employee who is
traveling outside of the state on official business shall
receive either reimbursement pursuant to the provisions of
Subsection K or L of this section or for each day spent in the
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discharge of official duties, the amount established by the
department of finance and administration for the fiscal year in
which the travel occurs. The department of finance and
administration shall establish the reimbursement rate to be
used for the next fiscal year by May 1 of each fiscal year;
provided that such rate shall take into consideration the rates
available for lodging, meals and incidentals as determined by
the United States general services administration for that
period of time. For a salaried public officer or employee of a
local public body or state agency, expenses shall be
substantiated in accordance with rules promulgated by the
secretary of finance and administration, and the secretary may
promulgate rules defining what constitutes out-of-state travel
for the purposes of the Per Diem and Mileage Act. For a public
officer or employee of a public post-secondary educational
institution, expenses shall be substantiated in accordance with
rules promulgated by the governing board of that public post-
secondary educational institution, and the governing board may
promulgate rules defining what constitutes out-of-state travel
for the purposes of the Per Diem and Mileage Act.
D. Every public officer or employee shall receive
[up to the internal revenue service ] the standard mileage rate
set by the United States general services administration as of
January 1 of the previous year for each mile traveled in a
privately owned [vehicle ] automobile or [eighty-eight cents
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($.88) a mile for each mile traveled in ] a privately owned
airplane if the travel is necessary to the discharge of the
officer's or employee's official duties and if the private
conveyance is not a common carrier; provided, however, that
only one person shall receive mileage for each mile traveled in
a single privately owned [vehicle ] automobile or airplane,
except in the case of common carriers, in which case the person
shall receive the cost of the ticket in lieu of the mileage
allowance.
E. The per diem and mileage or per diem and cost of
tickets for common carriers paid to salaried public officers or
employees is in lieu of actual expenses for transportation,
lodging and subsistence.
F. In addition to the in-state per diem set forth
in this section, the department of finance and administration,
by rule, may authorize a flat subsistence rate in the amount
set by the legislature in the general appropriation act for
commissioned officers of the New Mexico state police in
accordance with rules promulgated by the department of finance
and administration.
G. In lieu of the in-state per diem set in
Subsection B of this section, the department of finance and
administration may, by rule, authorize a flat monthly
subsistence rate for certain employees of the department of
transportation; provided that the payments made under this
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subsection shall not exceed the maximum amount that would be
paid under Subsection B of this section.
H. Per diem received by nonsalaried public officers
for travel on official business or in the discharge of their
official duties, other than attending a board or committee
meeting, and per diem received by public officers and employees
for travel on official business shall be prorated in accordance
with rules of the department of finance and administration or
the governing board.
I. The provisions of Subsection A of this section
do not apply to payment of per diem expense to a nonsalaried
public official of a municipality for attendance at board or
committee meetings held within the boundaries of the
municipality.
J. In addition to any other penalties prescribed by
law for false swearing on an official voucher, it shall be
cause for removal or dismissal from office.
K. With prior written approval of the secretary or
the secretary's designee or the local public body, a
nonsalaried public officer of a state agency or local public
body, a salaried public officer of a state agency or local
public body or a salaried employee of a state agency or local
public body is entitled to per diem expenses under this
subsection and shall receive:
(1) reimbursement for actual expenses for
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lodging; and
(2) reimbursement for actual expenses for
meals and incidentals not to exceed the maximum amounts for in-
state and out-of-state travel established by the department of
finance and administration for the fiscal year in which the
travel occurs; provided that the department of finance and
administration shall establish the maximum rates for the
reimbursement of actual expenses for meals and incidentals as
described in Subsections B and C of this section.
L. With prior written approval of the governing
board or its designee, a nonsalaried public officer of a public
post-secondary educational institution, a salaried public
officer of a public post-secondary educational institution or a
salaried employee of a public post-secondary educational
institution is entitled to per diem expenses under this
subsection and shall receive:
(1) reimbursement for actual expenses for
lodging; and
(2) reimbursement for actual expenses for
meals and incidentals not to exceed the maximum amounts for in-
state and out-of-state travel established by the department of
finance and administration for the fiscal year in which the
travel occurs; provided that the department of finance and
administration shall establish the maximum rates for the
reimbursement of actual expenses for meals and incidentals as
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described in Subsections B and C of this section."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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