New Mexico 2023 Regular Session Status: Passed Senate 1 D cosponsors

SB 124 — PUBLIC EMPLOYEES RETURNING TO WORK

Last action — Sent to House Labor, Veterans & Military Affairs Committee & House Judiciary Committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

826 added · 683 removed

Plain-language change summary

The recent changes to Senate Bill 124 clarify that retired public employees in New Mexico can return to work for affiliated public employers under specific conditions. Additionally, the amendment increases the maximum pension amount that retired employees can earn while still receiving their pension benefits. These changes are important because they provide flexibility for retired workers to contribute to public service while ensuring they are not financially penalized for returning to work, which could help address workforce shortages in certain public sectors.

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SENATE BILL 124 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Michael Padilla 6 8 10 AN ACT RELATING TO PUBLIC EMPLOYEE PENSIONS;
SENATE BILL 124 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Michael Padilla This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ALLOWING RETIRED PUBLIC EMPLOYEES TO RETURN TO WORK FOR AFFILIATED PUBLIC EMPLOYERS UNDER CERTAIN CONDITIONS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
INCREASING THE MAXIMUM AMOUNT OF PENSION THAT A MEMBER IS PERMITTED TO EARN PURSUANT TO THE PUBLIC EMPLOYEES RETIREMENT ACT.
h AN ACT g o RELATING TO PUBLIC EMPLOYEE PENSIONS;
e t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ALLOWING RETIRED PUBLIC t hr g e i k EMPLOYEES TO RETURN TO WORK FOR AFFILIATED PUBLIC EMPLOYERS h r i s UNDER CERTAIN CONDITIONS;
w l n d 18 SECTION 1.
INCREASING THE MAXIMUM AMOUNT OF h , t, PENSION THAT A MEMBER IS PERMITTED TO EARN PURSUANT TO THE e u g e b l e e h PUBLIC EMPLOYEES RETIREMENT ACT.
Section 10-11-8 NMSA 1978 (being Laws 1987, = = 19 a l Chapter 253, Section 8, as amended) is amended to read:
n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
i a e r 20 "10-11-8.
r i = r t e w d m a n o SECTION 1.
NORMAL RETIREMENT--RETURN TO EMPLOYMENT-- a t m m 21 BENEFITS CONTINUED--CONTRIBUTIONS.-- d r e 22 A.
Section 10-11-8 NMSA 1978 (being Laws 1987, d m :
A member may retire upon fulfilling the c e s k 23 following requirements prior to the selected date of e a n b 24 retirement:
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e e a n e d r e l u [ A d Chapter 253, Section 8, as amended) is amended to read:
u [ (1) a written application for normal .223895.1GLG retirement, in the form prescribed by the association, is filed with the association;
"10-11-8.
NORMAL RETIREMENT--RETURN TO EMPLOYMENT-- BENEFITS CONTINUED--CONTRIBUTIONS.-- A.
A member may retire upon fulfilling the following requirements prior to the selected date of retirement:
(1) a written application for normal retirement, in the form prescribed by the association, is filed with the association;
and (4) the member meets the age and service credit requirement for normal retirement specified in the coverage plan applicable to the member.
and (4) the member meets the age and service credit requirement for normal retirement specified in the h coverage plan applicable to the member.
B.
g o t hr B.
The amount of normal retirement pension is determined in accordance with the coverage plan applicable to the member.
The amount of normal retirement pension is g e i k determined in accordance with the coverage plan applicable to h r i s the member.
C.
h , t, C.
Except as provided in [Subsection] Subsections D and J of this section, on or after July 1, 2010, a retired member may be subsequently employed by an affiliated public e t 17 employer only pursuant to the following provisions:
Except as provided in [Subsection ] Subsections D e u g e b l e e h and J of this section, on or after July 1, 2010, a retired n d d i = = o h member may be subsequently employed by an affiliated public l ] b ,d i a º e employer only pursuant to the following provisions:
w l n d 18 (1) the retired member has not been employed = = 19 a l as an employee of an affiliated public employer or retained as i a e r 20 an independent contractor by the affiliated public employer a t m m 21 from which the retired member retired for at least twelve d r e 22 consecutive months from the date of retirement to the c e s k 23 commencement of subsequent employment or reemployment with an e a n b 24 affiliated public employer;
r i = r t e w d m a n o (1) the retired member has not been employed d m :
u [ (2) the retired member's pension shall be .223895.1GLG - 2 - suspended upon commencement of the subsequent employment;
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 2 - e a n e d r e l u [ A d as an employee of an affiliated public employer or retained as an independent contractor by the affiliated public employer from which the retired member retired for at least twelve consecutive months from the date of retirement to the commencement of subsequent employment or reemployment with an affiliated public employer;
(2) the retired member's pension shall be suspended upon commencement of the subsequent employment;
and (4) upon termination of the subsequent employment, the retired member's pension shall resume in accordance with the provisions of Subsection A of this section.
and (4) upon termination of the subsequent employment, the retired member's pension shall resume in h accordance with the provisions of Subsection A of this section.
D.
u » r D.
The provisions of Subsections C, G, [and] H and J of this section do not apply to:
The provisions of Subsections C, G, [and ] H and t h g e l i J of this section do not apply to:
(1) a retired member employed by the legislature for legislative session work;
h r i s (1) a retired member employed by the h , e h legislature for legislative session work;
(2) a retired member employed temporarily as a precinct board member for a municipal election or an election e t 17 covered by the Election Code;
t u g e b l e e , gh (2) a retired member employed temporarily as a n d d i = = o h precinct board member for a municipal election or an election l ] b ,d i a º r covered by the Election Code;
or w l n d 18 (3) a retired member who is elected to serve a = = 19 a l term as an elected official in an office covered pursuant to i a e r 20 the Public Employees Retirement Act;
or e r = t e w d m a n o (3) a retired member who is elected to serve a d m :
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 3 - e a n e d r e l u [ A d term as an elected official in an office covered pursuant to the Public Employees Retirement Act;
a t m m 21 (a) the retired member files an d r e 22 irrevocable exemption from membership with the association c e s k 23 within thirty days of taking office;
(a) the retired member files an irrevocable exemption from membership with the association within thirty days of taking office;
and e a n b 24 (b) the irrevocable exemption shall be u [ for the elected official's term of office.
and (b) the irrevocable exemption shall be for the elected official's term of office.
.223895.1GLG - 3 - E.
E.
At any time during a retired member's subsequent employment pursuant to Subsection C of this section, the retired member may elect to become a member and the following conditions shall apply:
At any time during a retired member's subsequent employment pursuant to Subsection C of this section, the retired member may elect to become a member and the following h conditions shall apply:
(1) the previously retired member and the subsequent affiliated public employer shall make the required employee and employer contributions, and the previously retired member shall accrue service credit for the period of subsequent employment;
u » r (1) the previously retired member and the t h g e l i subsequent affiliated public employer shall make the required h r i s employee and employer contributions, and the previously retired h , e h member shall accrue service credit for the period of subsequent t u g e b l e e , gh employment;
and (2) when the previously retired member e t 17 terminates the subsequent employment with an affiliated public w l n d 18 employer, the previously retired member shall retire according = = 19 a l to the provisions of the Public Employees Retirement Act, i a e r 20 subject to the following conditions:
and n d d i = = o h (2) when the previously retired member l ] b ,d i a º r terminates the subsequent employment with an affiliated public e r = t e w d m a n o employer, the previously retired member shall retire according d m :
a t m m 21 (a) payment of the pension shall resume d r e 22 in accordance with the provisions of Subsection A of this c e s k 23 section;
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 4 - e a n e d r e l u [ A d to the provisions of the Public Employees Retirement Act, subject to the following conditions:
e a n b 24 (b) unless the previously retired member u [ accrued at least three years of service credit on account of .223895.1GLG - 4 - the subsequent employment, the recalculation of pension shall:
(a) payment of the pension shall resume in accordance with the provisions of Subsection A of this section;
(b) unless the previously retired member accrued at least three years of service credit on account of the subsequent employment, the recalculation of pension shall:
A retired member who returned to work with an affiliated public employer prior to July 1, 2010 shall be subject to the provisions of this section in effect on the date the retired member returned to work;
A retired member who returned to work with an affiliated public employer prior to July 1, 2010 shall be h subject to the provisions of this section in effect on the date u » r the retired member returned to work;
provided that on and after July 1, 2010, the retired member shall pay the employee contribution in an amount specified in the Public Employees Retirement Act for the position in which the retired member is subsequently employed.
provided that on and after t h g e l i July 1, 2010, the retired member shall pay the employee h r i s contribution in an amount specified in the Public Employees h , e h Retirement Act for the position in which the retired member is t u g e b l e e , gh subsequently employed.
H.
n d d i = = o h H.
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Effective July 1, 2014, if a retired member who, e t 17 subsequent to retirement, is employed and covered pursuant to w l n d 18 the provisions of the Magistrate Retirement Act or Judicial = = 19 a l Retirement Act, during the period of subsequent employment:
Effective July 1, 2014, if a retired member who, l ] b ,d i a º r subsequent to retirement, is employed and covered pursuant to e r = t e w d m a n o the provisions of the Magistrate Retirement Act or Judicial d m :
i a e r 20 (1) the member shall be entitled to receive a t m m 21 retirement benefits;
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 5 - e a n e d r e l u [ A d Retirement Act, during the period of subsequent employment:
d r e 22 (2) the retired member's cost-of-living c e s k 23 pension adjustment shall be suspended upon commencement of the e a n b 24 employment;
(1) the member shall be entitled to receive retirement benefits;
and u [ (3) upon termination of the employment, the .223895.1GLG - 5 - retired member's suspended cost-of-living pension adjustment shall be reinstated as provided under Section 10-11-118 NMSA 1978.
(2) the retired member's cost-of-living pension adjustment shall be suspended upon commencement of the employment;
and (3) upon termination of the employment, the retired member's suspended cost-of-living pension adjustment shall be reinstated as provided under Section 10-11-118 NMSA 1978.
(1) the pension of a member who has three or more years of service credit earned on or before June 30, 2013 under each of two or more coverage plans shall be determined in accordance with the coverage plan that produces the highest pension;
(1) the pension of a member who has three or more years of service credit earned on or before June 30, 2013 under each of two or more coverage plans shall be determined in h accordance with the coverage plan that produces the highest u » r pension;
(2) the pension of a member who has service credit earned on or before June 30, 2013 under two or more coverage plans but who has three or more years of service credit under only one of those coverage plans shall be determined in accordance with the coverage plan in which the e t 17 member has three or more years of service credit.
t h g e l i (2) the pension of a member who has service h r i s credit earned on or before June 30, 2013 under two or more h , e h coverage plans but who has three or more years of service t u g e b l e e , gh credit under only one of those coverage plans shall be n d d i = = o h determined in accordance with the coverage plan in which the l ] b ,d i a º r member has three or more years of service credit.
If the w l n d 18 service credit is acquired under two different coverage plans = = 19 a l applied to the same affiliated public employer as a consequence i a e r 20 of an election by the members, adoption by the affiliated a t m m 21 public employer or a change in the law that results in the d r e 22 application of a coverage plan with a greater pension, the c e s k 23 greater pension shall be paid a member retiring from the e a n b 24 affiliated public employer under which the change in coverage u [ plan took place regardless of the amount of service credit .223895.1GLG - 6 - under the coverage plan producing the greater pension;
If the e r = t e w d m a n o service credit is acquired under two different coverage plans d m :
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 6 - e a n e d r e l u [ A d applied to the same affiliated public employer as a consequence of an election by the members, adoption by the affiliated public employer or a change in the law that results in the application of a coverage plan with a greater pension, the greater pension shall be paid a member retiring from the affiliated public employer under which the change in coverage plan took place regardless of the amount of service credit under the coverage plan producing the greater pension;
(3) the pension of a member who has service credit earned on or before June 30, 2013 under each of two or more coverage plans and who has service credit earned under any coverage plan on or after July 1, 2013 shall be equal to the sum of:
(3) the pension of a member who has service credit earned on or before June 30, 2013 under each of two or more coverage plans and who has service credit earned under any coverage plan on or after July 1, 2013 shall be equal to the h sum of:
(a) the pension attributable to the service credit earned on or before June 30, 2013 determined pursuant to Paragraph (1) or (2) of this subsection;
u » r (a) the pension attributable to the t h g e l i service credit earned on or before June 30, 2013 determined h r i s pursuant to Paragraph (1) or (2) of this subsection;
and (b) the pension attributable to the service credit earned under each coverage plan on or after July 1, 2013;
and h , e h (b) the pension attributable to the t u g e b l e e , gh service credit earned under each coverage plan on or after July n d d i = = o h 1, 2013;
e t 17 (4) the pension of a member who has service w l n d 18 credit earned only on and after July 1, 2013 shall be equal to = = 19 a l the sum of the pension attributable to the service credit the i a e r 20 member has accrued under each coverage plan;
l ] b ,d i a º r (4) the pension of a member who has service e r = t e w d m a n o credit earned only on and after July 1, 2013 shall be equal to d m :
and a t m m 21 (5) the provisions of each coverage plan for d r e 22 the purpose of this subsection shall be those in effect at the c e s k 23 time the member ceased to be covered by the coverage plan.
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 7 - e a n e d r e l u [ A d the sum of the pension attributable to the service credit the member has accrued under each coverage plan;
e a n b 24 "Service credit", for the purposes of this subsection, shall be u [ only personal service rendered an affiliated public employer .223895.1GLG - 7 - and credited to the member under the provisions of Subsection A of Section 10-11-4 NMSA 1978.
and (5) the provisions of each coverage plan for the purpose of this subsection shall be those in effect at the time the member ceased to be covered by the coverage plan.
"Service credit", for the purposes of this subsection, shall be only personal service rendered an affiliated public employer and credited to the member under the provisions of Subsection A of Section 10-11-4 NMSA 1978.
Notwithstanding the provisions of any other subsection of this section, a retired member may be subsequently employed by an affiliated public employer;
Sfl1ºSHPACºNotwithstanding»SHPAC SHPACºBeginning July 1, 2023 and continuing through July 1, 2029, notwithstanding»SHPAC»Sfl1 Sfl1ºBeginning July 1, 2023 and continuing through July 1, 2027, notwithstanding»Sfl1 the h provisions of any other subsection of this section, a retired u » r member may be subsequently employed by an affiliated public t h g e l i employer;
provided that the retired member has not been employed as an employee of an affiliated public employer or retained as an independent contractor by the affiliated public employer from which the retired member retired for at least twelve consecutive months from the date of retirement to the commencement of subsequent employment or reemployment with an affiliated public employer;
provided that the retired member has not been h r i s employed as an employee of an affiliated public employer or h , e h retained as an independent contractor by the affiliated public t u g e b l e e , gh employer from which the retired member retired for at least n d d i = = o h twelve consecutive months from the date of retirement to the l ] b ,d i a º r commencement of subsequent employment or reemployment with an e r = t e w d m a n o affiliated public employer;
(1) retired member's pension, including any e t 17 cost-of-living adjustment, shall continue to be paid during the w l n d 18 period of subsequent employment;
d m :
= = 19 a l (2) retired member shall not become a member i a e r 20 during the period of subsequent employment;
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 8 - e a n e d r e l u [ A d (1) retired member's pension, including any cost-of-living adjustment, shall continue to be paid during the period of subsequent employment;
a t m m 21 (3) retired member shall not accrue service d r e 22 credit for any portion of the period of subsequent employment;
(2) retired member shall not become a member during the period of subsequent employment;
c e s k 23 (4) retired member and the retired member's e a n b 24 subsequent affiliated public employer shall make the u [ contributions that would be required for members and employers .223895.1GLG - 8 - under the applicable coverage plan during the entire period of subsequent employment;
(3) retired member shall not accrue service credit for any portion of the period of subsequent employment;
(4) retired member and the retired member's subsequent affiliated public employer shall make the contributions that would be required for members and employers under the applicable coverage plan during the entire period of subsequent employment;
and (6) retired member returns to employment for a period of no more than thirty-six consecutive or nonconsecutive months pursuant to this subsection." SECTION 2.
and h (6) retired member returns to employment for a g o t hr period of no more than thirty-six consecutive or nonconsecutive g e i k months pursuant to this subsection." h r i s SECTION 2.
Section 10-11-26.3 NMSA 1978 (being Laws 1994, Chapter 128, Section 4, as amended) is amended to read:
Section 10-11-26.3 NMSA 1978 (being Laws 1994, h , t, Chapter 128, Section 4, as amended) is amended to read:
"10-11-26.3.
e u g e b l e e h "10-11-26.3.
STATE GENERAL MEMBER COVERAGE PLAN 3--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state general member coverage plan 3:
STATE GENERAL MEMBER COVERAGE PLAN 3--AMOUNT n d d i = = o h OF PENSION--FORM OF PAYMENT A.--Under state general member l ] b ,d i a º e coverage plan 3:
A.
r i = r t e w d m a n o A.
for a member with age and service requirements provided under Paragraph (1) or (3) of Subsection A of Section e t 17 10-11-26.2 NMSA 1978, the amount of pension under form of w l n d 18 payment A is equal to three percent of final average salary = = 19 a l multiplied by service credit.
for a member with age and service requirements d m :
The amount shall not exceed i a e r 20 [ninety] one hundred percent of the final average salary;
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 9 - e a n e d r e l u [ A d provided under Paragraph (1) or (3) of Subsection A of Section 10-11-26.2 NMSA 1978, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by service credit.
and a t m m 21 B.
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
for a member with age and service requirements d r e 22 provided under Paragraph (2) of Subsection A of Section c e s k 23 10-11-26.2 NMSA 1978, the amount of pension under form of e a n b 24 payment A is equal to two and one-half percent of the final u [ average salary multiplied by service credit.
and B.
The amount shall .223895.1GLG - 9 - not exceed [ninety] one hundred percent of the final average salary." SECTION 3.
for a member with age and service requirements provided under Paragraph (2) of Subsection A of Section 10-11-26.2 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by service credit.
The amount shall not exceed [ninety ] one hundred percent of the final average salary." SECTION 3.
STATE POLICE MEMBER, CORRECTIONAL OFFICER MEMBER AND PROBATION AND PAROLE OFFICER MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state police member, correctional officer member and probation and parole officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by credited service.
STATE POLICE MEMBER, CORRECTIONAL OFFICER MEMBER AND PROBATION AND PAROLE OFFICER MEMBER COVERAGE PLAN h 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state police g o t hr member, correctional officer member and probation and parole g e i k officer member coverage plan 1, the amount of pension under h r i s form of payment A is equal to three percent of final average h , t, salary multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 4.
The amount shall not e u g e b l e e h exceed [ninety ] one hundred percent of the final average n d d i = = o h salary." l ] b ,d i a º e SECTION 4.
Section 10-11-38.3 NMSA 1978 (being Laws 1994, Chapter 128, Section 11, as amended) is amended to read:
Section 10-11-38.3 NMSA 1978 (being Laws 1994, r i = r t e w d m a n o Chapter 128, Section 11, as amended) is amended to read:
"10-11-38.3.
d m :
JUVENILE CORRECTIONAL OFFICER MEMBER e t 17 COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under w l n d 18 juvenile correctional officer member coverage plan 2, the = = 19 a l amount of pension under form of payment A is equal to three i a e r 20 percent of final average salary multiplied by service credit.
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 10 - e a n e d r e l u [ A d "10-11-38.3.
a t m m 21 The amount shall not exceed [ninety] one hundred percent of the d r e 22 final average salary." c e s k 23 SECTION 5.
JUVENILE CORRECTIONAL OFFICER MEMBER COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under juvenile correctional officer member coverage plan 2, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by service credit.
Section 10-11-46 NMSA 1978 (being Laws 1987, e a n b 24 Chapter 253, Section 46, as amended) is amended to read:
The amount shall not exceed [ninety ] one hundred percent of the final average salary." SECTION 5.
u [ "10-11-46.
Section 10-11-46 NMSA 1978 (being Laws 1987, Chapter 253, Section 46, as amended) is amended to read:
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 1-- .223895.1GLG - 10 - AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service.
"10-11-46.
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 1-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service.
Section 10-11-52 NMSA 1978 (being Laws 1987, Chapter 253, Section 52, as amended) is amended to read:
Section 10-11-52 NMSA 1978 (being Laws 1987, h Chapter 253, Section 52, as amended) is amended to read:
"10-11-52.
g o t hr "10-11-52.
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 2-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 2:
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 2-- g e i k AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general h r i s member coverage plan 2:
h , t, A.
for a member with age and service requirements e u g e b l e e h provided in Subsection A of Section 10-11-51 NMSA 1978, the n d d i = = o h amount of pension under form of payment A is equal to two and l ] b ,d i a º e one-half percent of the final average salary multiplied by r i = r t e w d m a n o credited service.
The amount shall not exceed [ninety ] one d m :
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 11 - e a n e d r e l u [ A d hundred percent of the final average salary;
and B.
for a member with age and service requirements provided in Subsection B of Section 10-11-51 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by service credit.
The amount shall not exceed [ninety ] one hundred percent of the final average salary." SECTION 7.
Section 10-11-55.3 NMSA 1978 (being Laws 1993, Chapter 58, Section 3, as amended) is amended to read:
"10-11-55.3.
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 3-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 3:
for a member with age and service requirements provided in Subsection A of Section 10-11-51 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
for a member with age and service requirements provided under Subsection A of Section 10-11-55.2 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited h service.
The amount shall not exceed [ninety] one hundred percent of the final average salary;
The amount shall not exceed [ninety ] one hundred g o t hr percent of the final average salary;
and e t 17 B.
and g e i k B.
for a member with age and service requirements w l n d 18 provided in Subsection B of Section 10-11-51 NMSA 1978, the = = 19 a l amount of pension under form of payment A is equal to two i a e r 20 percent of the final average salary multiplied by service a t m m 21 credit.
for a member with age and service requirements h r i s provided under Subsection B of Section 10-11-55.2 NMSA 1978, h , t, the amount of pension under form of payment A is equal to two e u g e b l e e h and one-half percent of the final average salary multiplied by n d d i = = o h credited service.
The amount shall not exceed [ninety] one hundred d r e 22 percent of the final average salary." c e s k 23 SECTION 7.
The amount shall not exceed [ninety ] one l ] b ,d i a º e hundred percent of the final average salary." r i = r t e w d m a n o SECTION 8.
Section 10-11-55.3 NMSA 1978 (being Laws 1993, e a n b 24 Chapter 58, Section 3, as amended) is amended to read:
Section 10-11-55.9 NMSA 1978 (being Laws 1998, d m :
u [ "10-11-55.3.
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 12 - e a n e d r e l u [ A d Chapter 106, Section 3, as amended) is amended to read:
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 3-- .223895.1GLG - 11 - AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 3:
"10-11-55.9.
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 4-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general member coverage plan 4:
for a member with age and service requirements provided under Subsection A of Section 10-11-55.2 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service.
for a member with age and service requirements provided under Subsection A of Section 10-11-55.8 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary;
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
for a member with age and service requirements provided under Subsection B of Section 10-11-55.2 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 8.
Section 10-11-55.9 NMSA 1978 (being Laws 1998, Chapter 106, Section 3, as amended) is amended to read:
e t 17 "10-11-55.9.
MUNICIPAL GENERAL MEMBER COVERAGE PLAN 4-- w l n d 18 AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal general = = 19 a l member coverage plan 4:
i a e r 20 A.
for a member with age and service requirements a t m m 21 provided under Subsection A of Section 10-11-55.8 NMSA 1978, d r e 22 the amount of pension under form of payment A is equal to three c e s k 23 percent of the final average salary multiplied by credited e a n b 24 service.
The amount shall not exceed [ninety] one hundred u [ percent of the final average salary;
and .223895.1GLG - 12 - B.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 9.
The amount shall not exceed [ninety ] one hundred percent of the final average salary." h SECTION 9.
Section 10-11-58 NMSA 1978 (being Laws 1987, Chapter 253, Section 58, as amended) is amended to read:
Section 10-11-58 NMSA 1978 (being Laws 1987, g o t hr Chapter 253, Section 58, as amended) is amended to read:
"10-11-58.
g e i k "10-11-58.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 1-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 1-- h r i s AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police h , t, member coverage plan 1, the amount of pension under form of e u g e b l e e h payment A is equal to two percent of the final average salary n d d i = = o h multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 10.
The amount shall not exceed l ] b ,d i a º e [ninety] one hundred percent of the final average salary." r i = r t e w d m a n o SECTION 10.
Section 10-11-64 NMSA 1978 (being Laws 1987, Chapter 253, Section 64, as amended) is amended to read:
Section 10-11-64 NMSA 1978 (being Laws 1987, d m :
e t 17 "10-11-64.
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 13 - e a n e d r e l u [ A d Chapter 253, Section 64, as amended) is amended to read:
MUNICIPAL POLICE MEMBER COVERAGE PLAN 2-- w l n d 18 AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police = = 19 a l member coverage plan 2:
"10-11-64.
i a e r 20 A.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 2-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 2:
for a member with age and service requirements a t m m 21 provided under Subsection A of Section 10-11-63 NMSA 1978, the d r e 22 amount of pension under form of payment A is equal to two and c e s k 23 one-half percent of the final average salary multiplied by e a n b 24 credited service.
A.
The amount shall not exceed [ninety] one u [ hundred percent of the final average salary;
for a member with age and service requirements provided under Subsection A of Section 10-11-63 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
and .223895.1GLG - 13 - B.
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
and B.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 11.
The amount shall not exceed [ninety ] one hundred percent of the final average salary." h SECTION 11.
Section 10-11-70 NMSA 1978 (being Laws 1987, Chapter 253, Section 70, as amended) is amended to read:
Section 10-11-70 NMSA 1978 (being Laws 1987, g o t hr Chapter 253, Section 70, as amended) is amended to read:
"10-11-70.
g e i k "10-11-70.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 3-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 3:
MUNICIPAL POLICE MEMBER COVERAGE PLAN 3-- h r i s AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police h , t, member coverage plan 3:
e u g e b l e e h A.
for a member with age and service requirements n d d i = = o h provided under Subsection A of Section 10-11-69 NMSA 1978, the l ] b ,d i a º e amount of pension under form of payment A is equal to two and r i = r t e w d m a n o one-half percent of the final average salary multiplied by d m :
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 14 - e a n e d r e l u [ A d credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary;
and B.
for a member with age and service requirements provided under Subsection B of Section 10-11-69 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety ] one hundred percent of the final average salary." SECTION 12.
Section 10-11-76 NMSA 1978 (being Laws 1987, Chapter 253, Section 76, as amended) is amended to read:
"10-11-76.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 4-- AMOUNT OF PENSION--FORM OF [PENSION ] PAYMENT A.--Under municipal police member coverage plan 4:
for a member with age and service requirements provided under Subsection A of Section 10-11-69 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
for a member with age and service requirements provided under Subsection A of Section 10-11-75 NMSA 1978, the amount of pension under form of payment A is equal to three h percent of the final average salary multiplied by credited g o t hr service.
The amount shall not exceed [ninety] one e t 17 hundred percent of the final average salary;
The amount shall not exceed [ninety ] one hundred g e i k percent of the final average salary;
and w l n d 18 B.
and h r i s B.
for a member with age and service requirements = = 19 a l provided under Subsection B of Section 10-11-69 NMSA 1978, the i a e r 20 amount of pension under form of payment A is equal to two a t m m 21 percent of the final average salary multiplied by credited d r e 22 service.
for a member with age and service requirements h , t, provided under Subsection B of Section 10-11-75 NMSA 1978, the e u g e b l e e h amount of pension under form of payment A is equal to two and n d d i = = o h one-half percent of the final average salary multiplied by l ] b ,d i a º e credited service.
The amount shall not exceed [ninety] one hundred c e s k 23 percent of the final average salary." e a n b 24 SECTION 12.
The amount shall not exceed [ninety ] one r i = r t e w d m a n o hundred percent of the final average salary." d m :
Section 10-11-76 NMSA 1978 (being Laws 1987, u [ Chapter 253, Section 76, as amended) is amended to read:
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 15 - e a n e d r e l u [ A d SECTION 13.
.223895.1GLG - 14 - "10-11-76.
Section 10-11-82 NMSA 1978 (being Laws 1987, Chapter 253, Section 82, as amended) is amended to read:
MUNICIPAL POLICE MEMBER COVERAGE PLAN 4-- AMOUNT OF PENSION--FORM OF [PENSION] PAYMENT A.--Under municipal police member coverage plan 4:
"10-11-82.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 5-- AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police member coverage plan 5:
for a member with age and service requirements provided under Subsection A of Section 10-11-75 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service.
for a member with age and service requirements provided under Subsection A of Section 10-11-81 NMSA 1978, the amount of pension under form of payment A is equal to three and one-half percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary;
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
for a member with age and service requirements provided under Subsection B of Section 10-11-75 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 13.
Section 10-11-82 NMSA 1978 (being Laws 1987, e t 17 Chapter 253, Section 82, as amended) is amended to read:
w l n d 18 "10-11-82.
MUNICIPAL POLICE MEMBER COVERAGE PLAN 5-- = = 19 a l AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal police i a e r 20 member coverage plan 5:
a t m m 21 A.
for a member with age and service requirements d r e 22 provided under Subsection A of Section 10-11-81 NMSA 1978, the c e s k 23 amount of pension under form of payment A is equal to three and e a n b 24 one-half percent of the final average salary multiplied by u [ credited service.
The amount shall not exceed [ninety] one .223895.1GLG - 15 - hundred percent of the final average salary;
and B.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 14.
The amount shall not exceed [ninety ] one hundred h percent of the final average salary." g o t hr SECTION 14.
Section 10-11-88 NMSA 1978 (being Laws 1987, Chapter 253, Section 88, as amended) is amended to read:
Section 10-11-88 NMSA 1978 (being Laws 1987, g e i k Chapter 253, Section 88, as amended) is amended to read:
"10-11-88.
h r i s "10-11-88.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 1--AMOUNT h , t, OF PENSION--FORM OF PAYMENT A.--Under municipal fire member e u g e b l e e h coverage plan 1, the amount of pension under form of payment A n d d i = = o h is equal to two percent of the final average salary multiplied l ] b ,d i a º e by credited service.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 15.
The amount shall not exceed [ninety ] one r i = r t e w d m a n o hundred percent of the final average salary." d m :
Section 10-11-94 NMSA 1978 (being Laws 1987, e t 17 Chapter 253, Section 94, as amended) is amended to read:
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 16 - e a n e d r e l u [ A d SECTION 15.
w l n d 18 "10-11-94.
Section 10-11-94 NMSA 1978 (being Laws 1987, Chapter 253, Section 94, as amended) is amended to read:
MUNICIPAL FIRE MEMBER COVERAGE PLAN 2--AMOUNT = = 19 a l OF PENSION--FORM OF PAYMENT A.--Under municipal fire member i a e r 20 [contribution] coverage plan 2:
"10-11-94.
a t m m 21 A.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 2--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member [contribution] coverage plan 2:
for a member with age and service requirements d r e 22 provided under Subsection A of Section 10-11-93 NMSA 1978, the c e s k 23 amount of pension under form of payment A is equal to two and e a n b 24 one-half percent of the final average salary multiplied by u [ credited service.
A.
The amount shall not exceed [ninety] one .223895.1GLG - 16 - hundred percent of the final average salary;
for a member with age and service requirements provided under Subsection A of Section 10-11-93 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 16.
The amount shall not exceed [ninety ] one hundred h percent of the final average salary." g o t hr SECTION 16.
Section 10-11-100 NMSA 1978 (being Laws 1987, Chapter 253, Section 100, as amended) is amended to read:
Section 10-11-100 NMSA 1978 (being Laws 1987, g e i k Chapter 253, Section 100, as amended) is amended to read:
"10-11-100.
h r i s "10-11-100.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 3--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 3:
MUNICIPAL FIRE MEMBER COVERAGE PLAN 3--AMOUNT h , t, OF PENSION--FORM OF PAYMENT A.--Under municipal fire member e u g e b l e e h coverage plan 3:
A.
n d d i = = o h A.
for a member with age and service requirements provided under Subsection A of Section 10-11-99 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by e t 17 credited service.
for a member with age and service requirements l ] b ,d i a º e provided under Subsection A of Section 10-11-99 NMSA 1978, the r i = r t e w d m a n o amount of pension under form of payment A is equal to two and d m :
The amount shall not exceed [ninety] one w l n d 18 hundred percent of the final average salary;
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 17 - e a n e d r e l u [ A d one-half percent of the final average salary multiplied by credited service.
and = = 19 a l B.
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
for a member with age and service requirements i a e r 20 provided under Subsection B of Section 10-11-99 NMSA 1978, the a t m m 21 amount of pension under form of payment A is equal to two d r e 22 percent of the final average salary multiplied by credited c e s k 23 service.
and B.
The amount shall not exceed [ninety] one hundred e a n b 24 percent of the final average salary." u [ SECTION 17.
for a member with age and service requirements provided under Subsection B of Section 10-11-99 NMSA 1978, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service.
Section 10-11-106 NMSA 1978 (being Laws 1987, .223895.1GLG - 17 - Chapter 253, Section 106, as amended) is amended to read:
The amount shall not exceed [ninety ] one hundred percent of the final average salary." SECTION 17.
Section 10-11-106 NMSA 1978 (being Laws 1987, Chapter 253, Section 106, as amended) is amended to read:
for a member with age and service requirements provided under Subsection A of Section 10-11-105 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service.
for a member with age and service requirements provided under Subsection A of Section 10-11-105 NMSA 1978, the h amount of pension under form of payment A is equal to three g o t hr percent of the final average salary multiplied by credited g e i k service.
The amount shall not exceed [ninety] one hundred percent of the final average salary;
The amount shall not exceed [ninety ] one hundred h r i s percent of the final average salary;
and h , t, B.
for a member with age and service requirements e u g e b l e e h provided under Subsection B of Section 10-11-105 NMSA 1978, the n d d i = = o h amount of pension under form of payment A is equal to two and l ] b ,d i a º e one-half percent of the final average salary multiplied by r i = r t e w d m a n o credited service.
The amount shall not exceed [ninety ] one d m :
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 18 - e a n e d r e l u [ A d hundred percent of the final average salary." SECTION 18.
Section 10-11-112 NMSA 1978 (being Laws 1987, Chapter 253, Section 112, as amended) is amended to read:
"10-11-112.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 5--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal fire member coverage plan 5:
A.
for a member with age and service requirements provided under Subsection A of Section 10-11-111 NMSA 1978, the amount of pension under form of payment A is equal to three and one-half percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety ] one hundred percent of the final average salary;
for a member with age and service requirements provided under Subsection B of Section 10-11-105 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service.
for a member with age and service requirements provided under Subsection B of Section 10-11-111 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited h service.
The amount shall not exceed [ninety] one hundred percent of the final average salary." e t 17 SECTION 18.
The amount shall not exceed [ninety ] one hundred g o t hr percent of the final average salary." g e i k SECTION 19.
Section 10-11-112 NMSA 1978 (being Laws 1987, w l n d 18 Chapter 253, Section 112, as amended) is amended to read:
Section 10-11-115.3 NMSA 1978 (being Laws h r i s 2003, Chapter 268, Section 4, as amended) is amended to read:
= = 19 a l "10-11-112.
h , t, "10-11-115.3.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 5--AMOUNT i a e r 20 OF PENSION--FORM OF PAYMENT A.--Under municipal fire member a t m m 21 coverage plan 5:
MUNICIPAL DETENTION OFFICER MEMBER COVERAGE e u g e b l e e h PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal n d d i = = o h detention officer member coverage plan 1, the amount of pension l ] b ,d i a º e under form of payment A is equal to three percent of the final r i = r t e w d m a n o average salary multiplied by credited service.
d r e 22 A.
The amount d m :
for a member with age and service requirements c e s k 23 provided under Subsection A of Section 10-11-111 NMSA 1978, e a n b 24 the amount of pension under form of payment A is equal to three u [ and one-half percent of the final average salary multiplied by .223895.1GLG - 18 - credited service.
b e d s º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e - 19 - e a n e d r e l u [ A d shall not exceed [ninety] one hundred percent of the final average salary." SECTION 20.
The amount shall not exceed [ninety] one hundred percent of the final average salary;
APPLICABILITY.--The provisions of Sections 2 through 19 of this act apply to credited service performed on or after the effective date of this act.
and B.
Any credited service performed or amount of pension earned prior to the effective date of this act shall not be calculated or adjusted to conform to the provisions of this act.
for a member with age and service requirements provided under Subsection B of Section 10-11-111 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service.
SECTION 21.
The amount shall not exceed [ninety] one hundred percent of the final average salary." SECTION 19.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
Section 10-11-115.3 NMSA 1978 (being Laws 2003, Chapter 268, Section 4, as amended) is amended to read:
- 20 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
"10-11-115.3.
b r e t º o t n = .223895.1GLGAIC March 13, 2023 (5:39pm) s k m e e a n e d r e l u [ A d
MUNICIPAL DETENTION OFFICER MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under municipal detention officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service.
The amount shall not exceed [ninety] one hundred percent of the final e t 17 average salary." w l n d 18 SECTION 20.
APPLICABILITY.--The provisions of Sections 2 = = 19 a l through 19 of this act apply to credited service performed on i a e r 20 or after the effective date of this act.
Any credited service a t m m 21 performed or amount of pension earned prior to the effective d r e 22 date of this act shall not be calculated or adjusted to conform c e s k 23 to the provisions of this act.
e a n b 24 SECTION 21.
EFFECTIVE DATE.--The effective date of the u [ provisions of this act is July 1, 2023.
.223895.1GLG - 19 -
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Action History

  1. Sent to House Labor, Veterans & Military Affairs Committee & House Judiciary Committee

  2. passed Senate

  3. floor substitute adopted (1 amendment)

  4. DO PASS committee report adopted

  5. DO PASS, as amended, committee report adopted

  6. Sent to Senate Pre-file

  7. Sent to Senate Health and Public Affairs Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors SB 124?
SB 124 is sponsored by Michael Padilla (Democrat).
What is the current status of SB 124?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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