HOUSE BILL 44

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nate Gentry

AN ACT

RELATING TO LEGISLATIVE PER DIEM AND MILEAGE; PROHIBITING REIMBURSEMENT TO LEGISLATORS FOR MILEAGE AND COSTS REIMBURSED BY ANOTHER ENTITY.

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

     SECTION 1. Section 2-1-9 NMSA 1978 (being Laws 1971, Chapter 1, Section 11, as amended) is amended to read:

     "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] usual traveled route or mileage for each mile traveled by the [shortest, most direct] usual traveled 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; 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] usual traveled 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] usual traveled 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] usual traveled route.

          D. A legislator shall not be reimbursed for travel, parking or other actual costs that are or will be reimbursed by any other entity. In the event a legislator's travel, parking or other actual costs are partially reimbursed by another entity, the legislator may be reimbursed for the difference."

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