HOUSE JOINT RESOLUTION 5

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Roberto "Bobby" J. Gonzales and Angelica Rubio

A JOINT RESOLUTION

PROPOSING AMENDMENTS TO ARTICLE 4, SECTION 10 OF THE CONSTITUTION OF NEW MEXICO TO ABOLISH LEGISLATIVE PER DIEM AND MILEAGE AND THE PROHIBITION OF LEGISLATIVE COMPENSATION AND TO CREATE A PUBLIC OFFICER SALARY COMMISSION TO SET LIMITS ON THE SALARY OF ELECTED STATE OFFICERS AND OTHER PUBLIC OFFICERS AS DEFINED BY LAW.

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

     SECTION 1. It is proposed to amend Article 4 of the constitution of New Mexico by repealing Section 10, effective January 1, 2023.

     SECTION 2. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:

          "A. The "public officer salary commission" is established as a state agency under the direction of seven commissioners, no more than four of whom may be members of the same political party, whose terms and qualifications shall be as provided by law.

          B. The governor shall appoint two commissioners who shall not be from the same political party. The chief justice of the supreme court shall appoint two commissioners who shall not be from the same political party. One commissioner each shall be appointed by the president pro tempore of the senate and the speaker of the house of representatives, all as certified by the chief clerks of the respective chambers. One commissioner shall be appointed by the six commissioners appointed by the governor, the chief justice of the supreme court, the president pro tempore of the senate and the speaker of the house of representatives. No member of the commission shall be a:

                (1) current governor, lieutenant governor, attorney general, secretary of state, treasurer, state auditor or commissioner of public lands;

                (2) current member of the judiciary;

                (3) current legislator;

                (4) current member of the public regulation commission;

                (5) current employee of state government;

                (6) current or former lobbyist registered pursuant to New Mexico law; or

                (7) spouse, domestic partner, parent, child or sibling, by consanguinity or affinity, of a person identified in Paragraphs (1) through (6) of this subsection.

          C. The public officer salary commission shall prescribe salary limits for:

                (1) the governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor and commissioner of public lands;

                (2) justices of the supreme court, judges of the court of appeals and district court judges;

                (3) legislators;

                (4) members of the public regulation commission; and

                (5) other public officers as defined by law.

          D. The public officer salary commission shall prescribe salary limits by October 1 of each odd-numbered year, taking into account any other compensation, perquisite, allowance or reimbursement provided to persons identified in Subsection C of this section by the state of New Mexico. The commission may make recommendations to the legislature regarding compensation, perquisite, allowance or reimbursement other than salary.

          E. The salary of senators who are serving a term of office that expires on December 31, 2024 may receive a salary beginning January 1, 2023, notwithstanding that the senators' compensation will be increased or decreased during their terms of office."

     SECTION 3. 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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