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AN ACT

REGARDING PUBLIC FINANCES; REVISING MILEAGE REIMBURSEMENT

RATES; AMENDING THE PER DIEM AND MILEAGE ACT; REVISING THE

HIGHEST THREE-YEAR AVERAGE METHOD FOR CALCULATING THE PENSION

PAYABLE PURSUANT TO STATE LEGISLATOR COVERAGE PLAN 2.

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

Section 1. Section 10-8-1 NMSA 1978 (being Laws 1963,

Chapter 31, Section 1, as amended) is amended to read:

"10-8-1. SHORT TITLE.-- Chapter 10, Article 8 NMSA 1978

may be cited as the "Per Diem and Mileage Act"."

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 up to ninety-five dollars ($95.00)

per diem expenses:

(1) for each board or committee meeting

attended; or

(2) for each day spent in discharge of

official duties for travel within the state but away from the

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officer's home.

Nonsalaried public officers who travel to attend a board

or committee meeting may elect to be reimbursed per diem

under either Paragraph (1) or (2) of this subsection.

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:

(1) up to eighty-five dollars ($85.00) per

diem expenses for each day spent in the discharge of official

duties for a salaried public officer or employee of a local

public body or state agency. If the secretary finds that a

per diem allowance of eighty-five dollars ($85.00) is

inadequate for reimbursement of expenses in any municipality

of this state, the secretary may authorize the reimbursement

of per diem for travel to the municipality not to exceed one

hundred thirty-five dollars ($135); or

(2) up to eighty-five dollars ($85.00) per

diem expenses for each day spent in the discharge of official

duties for a salaried public officer or employee of a public

post-secondary educational institution. If the governing

board finds that a per diem allowance of eighty-five dollars

($85.00) is inadequate for reimbursement of expenses in any

municipality of this state, the governing board may authorize

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the reimbursement of per diem for travel to the municipality

not to exceed one hundred thirty-five dollars ($135).

C. Every public officer or employee shall receive

either reimbursement pursuant to the provisions of Subsection

K or L of this section or:

(1) for public officers or employees of a

state agency or local public body, up to one hundred fifteen

dollars ($115) per diem expenses for each day of travel

outside the state on official business. If the secretary

finds that a per diem allowance of one hundred fifteen

dollars ($115) is inadequate for out-of-state travel to a

geographical area, the secretary may authorize per diem not

to exceed two hundred fifteen dollars ($215) for out-of-state

travel to that geographical area; provided that the secretary

may authorize per diem for travel to a locality inside or

outside the continental United States for a public officer or

employee who is reimbursed solely from federal funds in

accordance with the rate allowed by the federal government

for travel to that locality. In lieu of per diem, a person

trained in the field of accountancy and performing duties in

that field of training as an employee while assigned for

periods exceeding three weeks per assignment to travel out of

state on official business may receive either reimbursement

pursuant to the provisions of Subsection K of this section or

actual expenses not to exceed two hundred fifteen dollars

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($215) per day. Expenses shall be substantiated in

accordance with rules promulgated by the department of

finance and administration. The secretary may promulgate

rules defining what constitutes out-of-state travel for

purposes of the Per Diem and Mileage Act; or

(2) for public officers or employees of a

public post-secondary educational institution, up to one

hundred fifteen dollars ($115) per diem expenses for each day

of travel outside the state on official business. If the

governing board finds that a per diem allowance of one

hundred fifteen dollars ($115) is inadequate for out-of-state

travel to a geographical area, the governing board may

authorize per diem not to exceed two hundred fifteen dollars

($215) for out-of-state travel to that geographical area;

provided that the governing board may authorize per diem for

travel to a locality inside or outside the continental United

States for a public officer or employee who is reimbursed

solely from federal funds in accordance with the rate allowed

by the federal government for travel to that locality.

Expenses shall be substantiated in accordance with rules

promulgated by the governing board. The governing board may

promulgate rules defining what constitutes out-of-state

travel for purposes of the Per Diem and Mileage Act.

D. Every public officer or employee shall receive

the internal revenue service standard mileage rate, for

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privately owned vehicles and airplanes, for each mile

traveled if the travel is necessary to the discharge of

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 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

subsection shall not exceed the maximum amount that would be

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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

lodging; and

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(2) reimbursement for actual expenses for

meals not to exceed thirty dollars ($30.00) per day for

in-state travel and forty-five dollars ($45.00) per day for

out-of-state travel.

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 not to exceed thirty dollars ($30.00) per day for

in-state travel and forty-five dollars ($45.00) per day for

out-of-state travel."

Section 3. Section 10-11-43.3 NMSA 1978 (being Laws

2003, Chapter 85, Section 9) is amended to read:

10-11-43.3. STATE LEGISLATOR MEMBER COVERAGE PLAN 2--

AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state legislator

member coverage plan 2, the annual amount of pension under

form of payment A is equal in any calendar year to eleven

percent of the average of the three highest per diem rates in

effect, pursuant to Section 2-1-8 NMSA 1978, as determined on

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July 1 of each year of service of the legislator or

lieutenant governor multiplied by sixty and further

multiplied by credited service as a legislator or lieutenant

governor. A pension paid under state legislator member

coverage plan 2 shall be adjusted pursuant to Section

10-11-118 NMSA 1978 for a legislator or lieutenant governor

who has been retired for at least two full calendar years

from the effective date of the latest retirement prior to

July 1 of the year in which the pension is being adjusted."

Section 4. TEMPORARY PROVISION--APPLICABILITY.--The

adjustment in the pension for state legislator member

coverage plan 2 provided in Section 3 of this act is

applicable to state legislator members who retire on or after

July 1, 2006.".

Section 5. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2006.