2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 1 - Compensation › Section 8-1-1 - Compensation of elective state officers.

A. Annual compensation of elective state officers shall be paid as follows:
governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$169,714
lieutenant governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144,714
secretary of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144,714
state auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144,714
state treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144,714
attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
154,714
commissioner of public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149,714.
B. Any person succeeding to the office of governor as provided in Article 5, Section 7 of the constitution of New Mexico shall receive the salary of the office. Every person serving as acting governor during the incapacity or absence of the governor from the state, shall receive five hundred dollars ($500) as compensation for each day's service as acting governor.
C. All compensation under this section shall be paid from the general fund, except that the amount paid to the commissioner of public lands shall be paid from the state lands maintenance fund.
History:
1953 Comp., § 4-5-1, enacted by Laws 1971, ch. 260, § 1; 1975, ch. 305, § 1; 1977, ch. 346, § 2; 1980, ch. 133, § 1; 1981, ch. 286, § 1; 1986, ch. 49, § 1; 1989, ch. 237, § 1; 1998, ch. 108, § 21; 1999, ch. 255, § 1; 2002, ch. 95, § 1; 2020, ch. 9, § 14; 2023, ch. 131, § 1.
ANNOTATIONS
Cross references.
— For mileage of legislators,
see
N.M. Const., art. IV, § 10.
The 2023 amendment,
effective June 16, 2023, increased the compensation of elective state officers; in Subsection A, after "governor", deleted "$110,000" and added "$169,714", added "lieutenant governor . . . . . $144,714", after "secretary of state", deleted "$85,000" and added "$144,714", after "state auditor", deleted "$85,000" and added "$144,714", after "state treasurer", deleted "$85,000" and added "$144,714", after "attorney general", deleted "$95,000" and added "$154,714", and after "commissioner of public lands", deleted "$90,000" and added "$149,714"; and in Subsection B, after "from the state", deleted "other than the secretary of state", and after "shall receive", deleted "two hundred fifty dollars ($250)" and added "five hundred dollars ($500)".
Applicability.
— Laws 2023, ch. 131, § 3 provided that the provisions of Laws 2023, ch. 131 relating to the annual compensation set for the governor apply to that position for terms of office beginning on or after January 1, 2027.
The 2020 amendment,
effective January 1, 2023, removed the provision providing the annual compensation for a public regulation commissioner; and in Subsection A, deleted "public regulation commissioner . . . 90,000".
Laws 2020, ch. 9, § 14 amended 8-1-1 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.
The 2002 amendment,
effective May 15, 2002, increased the salary amounts in Subsection A.
The 1999 amendment,
effective June 18, 1999, substituted "two hundred fifty dollars ($250)" for "one hundred fifty dollars ($150)" in Subsection B.
The 1998 amendment,
effective January 1, 1999, substituted "public regulation" for "state corporation" near the end of Subsection A; substituted "72,500" for "65,000" at the end of Subsection A; and substituted "lands" for "land office" near the end of Subsection C.
Right and duty to pay salary.
— This section clearly creates a right in the officer to require monthly payment of his statutory compensation, and a duty upon the disbursing officer to honor such demand. 1957 Op. Att'y Gen. No. 57-262.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorney General § 4; 38 Am. Jur. 2d Governor § 3; 63A Am. Jur. 2d Public Officers and Employees §§ 431 to 486.
Validity of contract by officer with public for rendition of new or special services to be paid for in addition to regular compensation, 159 A.L.R. 606.
De facto officer or employee, payment of salary to, as defense to action or proceeding by de jure officer or employee for salary, 64 A.L.R.2d 1375.
81A C.J.S. States §§ 104 to 119.