New Mexico 2025 Regular Session

New Mexico Senate Bill SB52 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	underscored material = new
2	2	[bracketed material] = delete
3	3	1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27	25
28	28	SENATE BILL 52
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	William P. Soules
32	32	AN ACT
33	33	RELATING TO PUBLIC OFFICERS; ADJUSTING THE REIMBURSEMENT RATES
34	34	FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE AND PRIVATELY OWNED
35	35	AIRPLANE.
36	36	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
37	37	SECTION 1. Section 2-1-9 NMSA 1978 (being Laws 1971,
38	38	Chapter 1, Section 11, as amended) is amended to read:
39	39	"2-1-9. OUT-OF-STATE TRAVEL--IN-STATE TRAVEL.--
40	40	A. Out-of-state travel of members, officers and
41	41	employees of the legislative branch of government shall be
42	42	exempt from approval by any member of the executive branch.
43	43	B. Members of the legislature serving on official
44	44	business for interim committees within the state shall receive:
45	45	(1) per diem at the internal revenue service
46	46	per diem rate as provided in Section 2-1-8 NMSA 1978 for each
47	47	.229632.1 underscored material = new
48	48	[bracketed material] = delete
49	49	1
50	50	2
51	51	3
52	52	4
53	53	5
54	54	6
55	55	7
56	56	8
57	57	9
58	58	10
59	59	11
60	60	12
61	61	13
62	62	14
63	63	15
64	64	16
65	65	17
66	66	18
67	67	19
68	68	20
69	69	21
70	70	22
71	71	23
72	72	24
73	73	25
74	74	day served, including travel time, and the cost of public
75	75	transportation by the shortest, most direct route or mileage
76	76	for each mile traveled by the shortest, most direct route by
77	77	[automobiles] automobile or airplane at the [internal revenue
78	78	service] standard mileage rate [or by privately owned aircraft
79	79	at the air mileage rate set out by the rules adopted by the
80	80	department of finance and administration pursuant to the Per
81	81	Diem and Mileage Act] set by the United States general services
82	82	administration for privately owned automobile and privately
83	83	owned airplane; and
84	84	(2) per diem for one additional day at the
85	85	internal revenue service per diem rate as provided in Section
86	86	2-1-8 NMSA 1978 if, in order to serve on official business for
87	87	an interim committee, a legislator travels to a location that
88	88	is one hundred or more miles from the location of the
89	89	legislator's point of departure; provided that, pursuant to
90	90	policies adopted by the New Mexico legislative council, per
91	91	diem under this paragraph shall be paid only if the legislator
92	92	is not entitled to per diem for travel time as provided in
93	93	Paragraph (1) of this subsection.
94	94	C. Reimbursement for out-of-state travel on
95	95	committee business shall be as follows:
96	96	(1) the cost of the tickets on public
97	97	transportation by the shortest, most direct route and the cost
98	98	of airport parking; or
99	99	.229632.1
100	100	- 2 - underscored material = new
101	101	[bracketed material] = delete
102	102	1
103	103	2
104	104	3
105	105	4
106	106	5
107	107	6
108	108	7
109	109	8
110	110	9
111	111	10
112	112	11
113	113	12
114	114	13
115	115	14
116	116	15
117	117	16
118	118	17
119	119	18
120	120	19
121	121	20
122	122	21
123	123	22
124	124	23
125	125	24
126	126	25
127	127	(2) mileage at the same rates established for
128	128	in-state travel if automobiles or private airplanes are used,
129	129	based on official mileage by the shortest, most direct route;
130	130	and
131	131	(3) per diem for the number of days spent in
132	132	travel and on committee business at the in-state rate provided
133	133	for in Section 2-1-8 NMSA 1978; and
134	134	(4) in no event, however, shall the
135	135	reimbursement for out-of-state travel exceed the dollar amount
136	136	that would be due if the member had used first class public air
137	137	transportation by the shortest, most direct route."
138	138	SECTION 2. Section 10-8-4 NMSA 1978 (being Laws 1963,
139	139	Chapter 31, Section 3, as amended) is amended to read:
140	140	"10-8-4. PER DIEM AND MILEAGE RATES--IN LIEU OF
141	141	PAYMENT.--
142	142	A. Notwithstanding any other specific law to the
143	143	contrary and except as provided in Subsection I of this
144	144	section, every nonsalaried public officer shall receive either
145	145	reimbursement pursuant to the provisions of Subsection K or L
146	146	of this section or per diem expenses in the following amounts
147	147	for a board or committee meeting attended; provided that the
148	148	officer shall not receive per diem expenses for more than one
149	149	board or committee meeting that occurs on the same day; or for
150	150	each day spent in discharge of official duties for travel
151	151	within the state but away from the officer's home:
152	152	.229632.1
153	153	- 3 - underscored material = new
154	154	[bracketed material] = delete
155	155	1
156	156	2
157	157	3
158	158	4
159	159	5
160	160	6
161	161	7
162	162	8
163	163	9
164	164	10
165	165	11
166	166	12
167	167	13
168	168	14
169	169	15
170	170	16
171	171	17
172	172	18
173	173	19
174	174	20
175	175	21
176	176	22
177	177	23
178	178	24
179	179	25
180	180	(1) forty-five dollars ($45.00) if the officer
181	181	physically attends the board or committee meeting for less than
182	182	four hours or the officer attends a virtual meeting of any
183	183	duration during a single calendar day; or
184	184	(2) ninety-five dollars ($95.00) if the
185	185	officer physically attends the board or committee meeting for
186	186	four hours or more during a single calendar day.
187	187	B. Every salaried public officer or employee who is
188	188	traveling within the state but away from the officer's or
189	189	employee's home and designated post of duty on official
190	190	business shall receive either reimbursement pursuant to the
191	191	provisions of Subsection K or L of this section or for each day
192	192	spent in the discharge of official duties, the amount
193	193	established by the department of finance and administration for
194	194	the fiscal year in which the travel occurs. The department of
195	195	finance and administration shall establish the reimbursement
196	196	rate to be used for the next fiscal year by May 1 of each
197	197	fiscal year; provided that such rate shall take into
198	198	consideration the rates available for lodging, meals and
199	199	incidentals as determined by the United States general services
200	200	administration for that period of time.
201	201	C. Every public officer or employee who is
202	202	traveling outside of the state on official business shall
203	203	receive either reimbursement pursuant to the provisions of
204	204	Subsection K or L of this section or for each day spent in the
205	205	.229632.1
206	206	- 4 - underscored material = new
207	207	[bracketed material] = delete
208	208	1
209	209	2
210	210	3
211	211	4
212	212	5
213	213	6
214	214	7
215	215	8
216	216	9
217	217	10
218	218	11
219	219	12
220	220	13
221	221	14
222	222	15
223	223	16
224	224	17
225	225	18
226	226	19
227	227	20
228	228	21
229	229	22
230	230	23
231	231	24
232	232	25
233	233	discharge of official duties, the amount established by the
234	234	department of finance and administration for the fiscal year in
235	235	which the travel occurs. The department of finance and
236	236	administration shall establish the reimbursement rate to be
237	237	used for the next fiscal year by May 1 of each fiscal year;
238	238	provided that such rate shall take into consideration the rates
239	239	available for lodging, meals and incidentals as determined by
240	240	the United States general services administration for that
241	241	period of time. For a salaried public officer or employee of a
242	242	local public body or state agency, expenses shall be
243	243	substantiated in accordance with rules promulgated by the
244	244	secretary of finance and administration, and the secretary may
245	245	promulgate rules defining what constitutes out-of-state travel
246	246	for the purposes of the Per Diem and Mileage Act. For a public
247	247	officer or employee of a public post-secondary educational
248	248	institution, expenses shall be substantiated in accordance with
249	249	rules promulgated by the governing board of that public post-
250	250	secondary educational institution, and the governing board may
251	251	promulgate rules defining what constitutes out-of-state travel
252	252	for the purposes of the Per Diem and Mileage Act.
253	253	D. Every public officer or employee shall receive
254	254	[up to the internal revenue service ] the standard mileage rate
255	255	set by the United States general services administration as of
256	256	January 1 of the previous year for each mile traveled in a
257	257	privately owned [vehicle ] automobile or [eighty-eight cents
258	258	.229632.1
259	259	- 5 - underscored material = new
260	260	[bracketed material] = delete
261	261	1
262	262	2
263	263	3
264	264	4
265	265	5
266	266	6
267	267	7
268	268	8
269	269	9
270	270	10
271	271	11
272	272	12
273	273	13
274	274	14
275	275	15
276	276	16
277	277	17
278	278	18
279	279	19
280	280	20
281	281	21
282	282	22
283	283	23
284	284	24
285	285	25
286	286	($.88) a mile for each mile traveled in ] a privately owned
287	287	airplane if the travel is necessary to the discharge of the
288	288	officer's or employee's official duties and if the private
289	289	conveyance is not a common carrier; provided, however, that
290	290	only one person shall receive mileage for each mile traveled in
291	291	a single privately owned [vehicle ] automobile or airplane,
292	292	except in the case of common carriers, in which case the person
293	293	shall receive the cost of the ticket in lieu of the mileage
294	294	allowance.
295	295	E. The per diem and mileage or per diem and cost of
296	296	tickets for common carriers paid to salaried public officers or
297	297	employees is in lieu of actual expenses for transportation,
298	298	lodging and subsistence.
299	299	F. In addition to the in-state per diem set forth
300	300	in this section, the department of finance and administration,
301	301	by rule, may authorize a flat subsistence rate in the amount
302	302	set by the legislature in the general appropriation act for
303	303	commissioned officers of the New Mexico state police in
304	304	accordance with rules promulgated by the department of finance
305	305	and administration.
306	306	G. In lieu of the in-state per diem set in
307	307	Subsection B of this section, the department of finance and
308	308	administration may, by rule, authorize a flat monthly
309	309	subsistence rate for certain employees of the department of
310	310	transportation; provided that the payments made under this
311	311	.229632.1
312	312	- 6 - underscored material = new
313	313	[bracketed material] = delete
314	314	1
315	315	2
316	316	3
317	317	4
318	318	5
319	319	6
320	320	7
321	321	8
322	322	9
323	323	10
324	324	11
325	325	12
326	326	13
327	327	14
328	328	15
329	329	16
330	330	17
331	331	18
332	332	19
333	333	20
334	334	21
335	335	22
336	336	23
337	337	24
338	338	25
339	339	subsection shall not exceed the maximum amount that would be
340	340	paid under Subsection B of this section.
341	341	H. Per diem received by nonsalaried public officers
342	342	for travel on official business or in the discharge of their
343	343	official duties, other than attending a board or committee
344	344	meeting, and per diem received by public officers and employees
345	345	for travel on official business shall be prorated in accordance
346	346	with rules of the department of finance and administration or
347	347	the governing board.
348	348	I. The provisions of Subsection A of this section
349	349	do not apply to payment of per diem expense to a nonsalaried
350	350	public official of a municipality for attendance at board or
351	351	committee meetings held within the boundaries of the
352	352	municipality.
353	353	J. In addition to any other penalties prescribed by
354	354	law for false swearing on an official voucher, it shall be
355	355	cause for removal or dismissal from office.
356	356	K. With prior written approval of the secretary or
357	357	the secretary's designee or the local public body, a
358	358	nonsalaried public officer of a state agency or local public
359	359	body, a salaried public officer of a state agency or local
360	360	public body or a salaried employee of a state agency or local
361	361	public body is entitled to per diem expenses under this
362	362	subsection and shall receive:
363	363	(1) reimbursement for actual expenses for
364	364	.229632.1
365	365	- 7 - underscored material = new
366	366	[bracketed material] = delete
367	367	1
368	368	2
369	369	3
370	370	4
371	371	5
372	372	6
373	373	7
374	374	8
375	375	9
376	376	10
377	377	11
378	378	12
379	379	13
380	380	14
381	381	15
382	382	16
383	383	17
384	384	18
385	385	19
386	386	20
387	387	21
388	388	22
389	389	23
390	390	24
391	391	25
392	392	lodging; and
393	393	(2) reimbursement for actual expenses for
394	394	meals and incidentals not to exceed the maximum amounts for in-
395	395	state and out-of-state travel established by the department of
396	396	finance and administration for the fiscal year in which the
397	397	travel occurs; provided that the department of finance and
398	398	administration shall establish the maximum rates for the
399	399	reimbursement of actual expenses for meals and incidentals as
400	400	described in Subsections B and C of this section.
401	401	L. With prior written approval of the governing
402	402	board or its designee, a nonsalaried public officer of a public
403	403	post-secondary educational institution, a salaried public
404	404	officer of a public post-secondary educational institution or a
405	405	salaried employee of a public post-secondary educational
406	406	institution is entitled to per diem expenses under this
407	407	subsection and shall receive:
408	408	(1) reimbursement for actual expenses for
409	409	lodging; and
410	410	(2) reimbursement for actual expenses for
411	411	meals and incidentals not to exceed the maximum amounts for in-
412	412	state and out-of-state travel established by the department of
413	413	finance and administration for the fiscal year in which the
414	414	travel occurs; provided that the department of finance and
415	415	administration shall establish the maximum rates for the
416	416	reimbursement of actual expenses for meals and incidentals as
417	417	.229632.1
418	418	- 8 - underscored material = new
419	419	[bracketed material] = delete
420	420	1
421	421	2
422	422	3
423	423	4
424	424	5
425	425	6
426	426	7
427	427	8
428	428	9
429	429	10
430	430	11
431	431	12
432	432	13
433	433	14
434	434	15
435	435	16
436	436	17
437	437	18
438	438	19
439	439	20
440	440	21
441	441	22
442	442	23
443	443	24
444	444	25
445	445	described in Subsections B and C of this section."
446	446	SECTION 3. EFFECTIVE DATE.--The effective date of the
447	447	provisions of this act is July 1, 2025.
448	448	- 9 -
449	449	.229632.1