HOUSE BILL 439

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO LEGISLATORS; SPECIFYING LEAVE REQUIREMENTS FOR LEGISLATORS EMPLOYED BY POLITICAL SUBDIVISIONS OF THE STATE WHEN CONDUCTING LEGISLATIVE BUSINESS; ALLOWING FOR POLITICAL LEAVE WITHOUT PAY; PROHIBITING PUBLIC EMPLOYERS FROM ADOPTING LEAVE POLICIES THAT ALLOW A LEGISLATOR TO TAKE PAID LEAVES OF ABSENCE EXCEPT FOR ACCRUED ANNUAL AND COMPENSATORY TIME WHEN THE LEGISLATOR IS CONDUCTING LEGISLATIVE BUSINESS.

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

     SECTION 1. A new section of Chapter 2, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LEGISLATORS AS EMPLOYEES OF POLITICAL SUBDIVISIONS--ACCRUED ANNUAL OR COMPENSATORY LEAVE OR POLITICAL LEAVE.--

          A. A legislator who is an employee of a political subdivision of the state may take accrued annual or compensatory leave or political leave when the member is unable, during usual working hours, to perform the member's usual job because of legislative business. Sick leave or administrative leave shall not be used for legislative business. This requirement appertains regardless of whether the member receives per diem and mileage reimbursement from the legislature.

          B. Public employers, including home rule municipalities, are prohibited from adopting leave policies that allow employee-legislators to take paid leave other than annual or compensatory leave that has already been earned when the employee-legislator is conducting legislative business.           C. A public employee serving as a legislator shall not lose seniority with the public employer nor shall legislative service be considered a break in service with the public employer for any purpose.

          D. As used in this section, "political leave" means leave without net pay for the time of absence due to legislative duties. The public employer shall decide through its adopted personnel policies how net pay shall be deducted from the employee-legislator's regular pay."

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