SENATE JOINT RESOLUTION 18

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

William P. Soules

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 20 OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH A STATE MINIMUM WAGE RATE THAT WILL INCREASE ANNUALLY AT THE RATE OF INFLATION BUT WILL NOT INCREASE MORE THAN FOUR PERCENT IN ANY ONE YEAR.

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, 2017, the state minimum wage rate in effect on January 1, 2016 shall be increased in an amount equal to the increase in the cost of living from January 1, 2009 through December 31, 2015 and shall be adjusted every January 1 thereafter by the increase in the cost of living as provided by this section. The increase in the cost of living shall be measured by the percentage increase in 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, for the twelve months ending each February. The increase in the minimum wage rate shall be rounded to the nearest multiple of five cents ($.05). Beginning in 2017, the governor shall publish by September 1 of each year the adjusted minimum wage rate that takes effect on January 1 of the following year. The minimum wage rate shall not be adjusted downward as a result of a decrease in the cost of living and shall not be adjusted upward by more than four percent in any one year after July 1, 2017 as a result of an increase in the cost of living.

          B. An employer may pay an employee less than, but not less than fifty 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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