SENATE BILL 7

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Antoinette Sedillo Lopez and Peter Wirth and Linda M. Lopez

AN ACT

RELATING TO MINIMUM WAGES; AMENDING A SECTION OF THE NMSA 1978 TO PROVIDE FOR A MINIMUM HOURLY WAGE RATE OF FIFTEEN DOLLARS ($15.00) FOR STATE EMPLOYEES AND EMPLOYEES OF STATE CONTRACTORS; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 10-7-9 NMSA 1978 (being Laws 1974, Chapter 10, Section 2) is amended to read:

     "10-7-9. MINIMUM SALARY RATE.--

          A. Every state employee and [every] person [regularly] employed at a state educational institution named in Article 12, Section 11 of the constitution of New Mexico [constitution, except student employees as defined by the board of educational finance] shall receive a salary at a rate equal to at least [four hundred dollars ($400) per month] fifteen dollars ($15.00) per hour.

          B. Any contractor of a contract that takes effect on or after the effective date of this 2022 act that is with the state or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico shall pay each person employed under that contract no less than a minimum wage rate of fifteen dollars ($15.00) per hour."

     SECTION 2. APPROPRIATION.--

          A. Eighty-five million dollars ($85,000,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2023 for salary increases to provide a minimum wage at a rate equal to at least fifteen dollars ($15.00) per hour:

                (1) to any contractor of a contract that takes effect on or after the effective date of this act that is with the state or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico; and

                (2) to:

                     (a) permanent legislative employees, including permanent employees of the legislative council service, legislative finance committee, legislative education study committee, legislative building services, the house and senate, house and senate chief clerks' offices and house and senate leadership;

                     (b) all judges, magistrates and judicial permanent employees; all district attorneys' permanent employees; and all public defender department permanent employees, judicial child support hearing officers and judicial special commissioners;

                     (c) incumbents in agencies governed by the Personnel Act, the New Mexico state police career pay system, the office of the attorney general employees, workers' compensation judges and executive exempt employees;

                     (d) the higher education department and the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico for all higher education faculty and staff of two-year and four-year public post-secondary educational institutions, the New Mexico military institute, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf; and

                     (e) the public education department and school districts for all public education department staff and all public school faculty and staff.

           B. The salary increases shall be effective the first full pay period beginning on or after July 1, 2022.

          C. If a law is enacted during the second session of the fifty-fifth legislature to provide salary increases to state employees, the salary increases provided for in Section 1 of this act shall take effect prior to the salary increases provided for in that law taking effect.

          D. Any unexpended or unencumbered balance remaining at the end of fiscal year 2023 shall revert to the general fund. 

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.

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