HOUSE JOINT RESOLUTION 9

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Miguel P. Garcia

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 20 OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH A STATE MINIMUM WAGE THAT WILL INCREASE ANNUALLY AT THE RATE OF INFLATION.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 20 of the constitution of New Mexico by adding a new section to read:

          "A. Effective July 1, 2015, the state minimum wage rate in effect on January 1, 2014 shall be increased in an amount equal to the total increase in the cost of living from January 1, 2009 through the date of the election at which this amendment is adopted and shall be adjusted annually to account for increases in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of February of that year over the level as of February of the previous year of the consumer price index for all urban consumers, United States city average for all items, or its successor index, as published by the United States department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents ($.05). The governor shall publish by May 1 of each year the adjusted minimum wage that takes effect on July 1. The minimum wage shall not be adjusted downward as a result of a decrease in the cost of living.

          B. An employer may pay an employee less than, but not less than sixty percent of, the minimum wage rate required by this section if the employer is able to demonstrate that the employee receives tips that, when combined with the wages paid by the employer, are equal to or greater than the minimum wage rate for all hours worked.

          C. Nothing in this section shall prohibit a local government from imposing a minimum wage rate that exceeds the rate required by this section."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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