2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 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 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 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 [10-8-1 to 10-8-8 NMSA 1978]; 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
(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.
History:
1953 Comp., § 2-1-8.1, enacted by Laws 1971, ch. 1, § 11; 1972, ch. 1, § 10; 1975, ch. 208, § 1; 1983, ch. 1, § 11; 1997, ch. 154, § 2; 2000, ch. 66, § 1; 2005, ch. 100, § 1.
ANNOTATIONS
Cross references.
— For constitutional limitations on per diem and mileage payments to members of the legislature,
see
N.M. Const., art. IV, § 10.
The 2005 amendment,
effective June 17, 2005, added Subsection B(2) providing that legislators who travel one hundred or more miles to serve on an interim committee shall receive additional per diem for one additional day.
The 2000 amendment,
effective March 6, 2000, in Subsection B, inserted "within the state" following "interim committees" and deleted "privately owned" preceding "automobiles"; inserted "and the cost of airport parking" in Subsection C(1); in Subsection C(2), deleted "private" preceding "automobiles" and inserted "private" preceding "airplanes"; and inserted "at the in-state rate provided for in Section 2-1-8 NMSA 1978" in Subsection C(3).
The 1997 amendment,
effective June 20, 1997, rewrote the section to substitute internal revenue service per diem rates for specific dollar amounts.
Legislative intent.
— Payments under this section and 2-1-8 NMSA 1978 are not intended to enrich legislators but only to cover travel expenses.
State ex rel. Udall v. Pub. Employees Ret. Bd
., 1994-NMCA-094, 118 N.M. 507, 882 P.2d 548,
rev'd on other grounds
, 120 N.M. 786, 907 P.2d 190 (1995).
Applicability of section.
— The legislature intended this section to govern reimbursements to members of the legislative education study committee, the legislative council and the legislative finance committee. 1979 Op. Att'y Gen. No. 79-40.