SB 52 — PUBLIC OFFICE TRAVEL REIMBURSEMENT

SENATE BILL 52 5757TH THLEGISLATURE LEGISLATUR-- STATE OF NEW MEXICO - FIRST SESSIO,SESSION, 2025 INTRODUCED BY William P.

Soules 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby PUBLICa OFFICERS;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ADJUSTINGThe THEdocument REIMBURSEMENTis RATESa FORtool TRAVELto BYshow PRIVATELYamendments OWNEDin AUTOMOBILEcontext ANDand PRIVATELYcannot OWNEDbe AIRPLANE.used for the purpose of adding amendments to legislation.

15h BEAN ITACT ENACTEDg BYo THERELATING LEGISLATURETO OFPUBLIC THEOFFICERS; STATE OF NEW MEXICO:

SECTIONADJUSTING 1.THE REIMBURSEMENT RATES t hr g e i k FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE AND PRIVATELY OWNED h r i s AIRPLANE.

Sectionh 2-1-9, NMSAt, 1978e (beingu Lawsg 1971,e b l e te 17h ChapterBE 1,IT SectionENACTED 11,BY asTHE amended)LEGISLATURE isOF amendedTHE toSTATE read:OF NEW MEXICO:

w l n d 18d "2-1-9.i = = o h HGEICº SECTION 1.

OUT-OF-STATESection TRAVEL--IN-STATE2-1-9 TRAVEL.--NMSA =1978 =(being 19Laws l ] b ,d i a lº A.e 1971, Chapter 1, Section 11, as amended) is amended to read:

Out-of-stater travel of members, officers and i a= e r 20t employeese ofw thed legislativem branch of government shall be a tn mo m"2-1-9. 21 exempt from approval by any member of the executive branch.

dOUT-OF-STATE rTRAVEL--IN-STATE eTRAVEL.-- 22d B.m :

Membersb ofe thed legislatures servingº ono officialt cn e= .229632.1AIC March 19, 2025 (8:37pm) s k 23m businesse fore interima committeesn withine thed stater shalle receive:l u [ A d A.

eOut-of-state atravel nof bmembers, 24officers (1) per diem at the internal revenue service u [ per diem rate as provided in Section 2-1-8 NMSA 1978 for each .229632.1 day served, including travel time, and theemployees cost of public transportation by the shortest,legislative mostbranch directof routegovernment orshall mileagebe forexempt eachfrom mileapproval traveled by theany shortest,member most direct route by [automobiles] automobile or airplane at the [internal revenue service] standard mileage rate [or by privately owned aircraft at the air mileage rate set out by the rules adopted by the department of finance and administration pursuant to the Perexecutive Diembranch. and Mileage Act] set by the United States general services administration for privately owned automobile and privately owned airplane;

andB. (2) per diem for one additional day at the internal revenue service per diem rate as provided in Section 2-1-8 NMSA 1978 if, in order to serve on official business for an interim committee, a legislator travels to a location that is one hundred or more miles from the location of the legislator's point of departure;

providedMembers that,of pursuant to e t 17 policies adopted by the Newlegislature Mexicoserving legislativeon council,official perbusiness wfor linterim ncommittees dwithin 18the diemstate under this paragraph shall bereceive: paid only if the legislator = = 19 a l is not entitled to per diem for travel time as provided in i a e r 20 Paragraph (1) of this subsection.

a(1) tper mdiem mat 21the C.internal revenue service per diem rate as provided in Section 2-1-8 NMSA 1978 for each day served, including travel time, and the cost of public transportation by the shortest, most direct route or mileage for each mile traveled by the shortest, most direct route by [automobiles] automobile or airplane at the [internal revenue service] standard mileage rate [or by privately owned aircraft at the air mileage rate set out by the rules adopted by the department of finance and administration pursuant to the Per Diem and Mileage Act] set by the United States general services administration for privately owned automobile and privately h owned airplane;

Reimbursementand u » r t h (2) per diem for out-of-stateone traveladditional onday dat rthe g e 22l committeei businessinternal shallrevenue beservice per diem rate as follows:provided in Section h r i s 2-1-8 NMSA 1978 if, in order to serve on official business for h , e h t u g an interim committee, a legislator travels to a location that e b l e e , gh is one hundred or more miles from the location of the n d d i = = o h l ] b ,d legislator's point of departure;

cprovided ethat, spursuant kto 23i (1)a theº costr ofe ther tickets= onpolicies publicadopted eby athe nNew bMexico 24legislative transportationcouncil, byper thet shortest,e mostw directd routem anda then costo ud [m of: airport parking;

orb .229632.1r e t º o t n = .229632.1AIC March 19, 2025 (8:37pm) s k m e - 2 - (2)e mileagea atn thee samed ratesr establishede forl in-stateu travel[ A d diem under this paragraph shall be paid only if automobilesthe orlegislator privateis airplanesnot areentitled used,to basedper ondiem officialfor mileagetravel bytime theas shortest,provided mostin directParagraph route;(1) of this subsection.

C.

Reimbursement for out-of-state travel on committee business shall be as follows:

(1) the cost of the tickets on public transportation by the shortest, most direct route and the cost of airport parking;

or (2) mileage at the same rates established for in-state travel if automobiles or private airplanes are used, based on official mileage by the shortest, most direct route;

and (4) in no event, however, shall the h reimbursement for out-of-state travel exceed the dollar amount u » r t h that would be due if the member had used first class public air g e l i transportation by the shortest, most direct route."route."»HGEIC h r i s SECTION 2.HGEICº2.»HGEIC HGEICº1.»HGEIC Section 10-8-4 h , e h t u g NMSA 1978 (being Laws 1963, Chapter 31, Section 3, as amended) e b l e e , gh is amended to read:

Sectionn 10-8-4d NMSAd 1978i (being= Laws= 1963,o Chapterh 31,"10-8-4. Section 3, as amended) is amended to read:

"10-8-4.PER DIEM AND MILEAGE RATES--IN LIEU OF l ] b ,d i a º r e r = PAYMENT.-- t e w d m a n o A.

PERNotwithstanding DIEMany ANDother MILEAGEspecific RATES--INlaw LIEUto OFthe PAYMENT.--d A.m :

Notwithstandingb anyr othere specifict lawº too thet n = .229632.1AIC March 19, 2025 (8:37pm) s k m e t- 173 - e a n e d r e l u [ A d contrary and except as provided in Subsection I of this w l n d 18 section, every nonsalaried public officer shall receive either = = 19 a l reimbursement pursuant to the provisions of Subsection K or L i a e r 20 of this section or per diem expenses in the following amounts a t m m 21 for a board or committee meeting attended;

provided that the d r e 22 officer shall not receive per diem expenses for more than one c e s k 23 board or committee meeting that occurs on the same day;

or for e a n b 24 each day spent in discharge of official duties for travel u [ within the state but away from the officer's home:

.229632.1 - 3 - (1) forty-five dollars ($45.00) if the officer physically attends the board or committee meeting for less than four hours or the officer attends a virtual meeting of any duration during a single calendar day;

h B.

Every salaried public officer or employee who is u » r traveling within the state but away from the officer's or t h g e l i employee's home and designated post of duty on official h r i s business shall receive either reimbursement pursuant to the h , e h provisions of Subsection K or L of this section or for each day t u g e b l e e , gh spent in the discharge of official duties, the amount n d d i = = o h established by the department of finance and administration for l ] b ,d i a º r the fiscal year in which the travel occurs.

The department of financee andr administration= shallt establish the reimbursement e tw 17d ratem toa ben usedo forfinance theand nextadministration fiscalshall yearestablish bythe Mayreimbursement 1 of each w l n d 18m fiscal: year;

providedb thatr suche ratet shallº takeo intot =n = 19.229632.1AIC aMarch l19, consideration2025 the(8:37pm) ratess availablek form lodging,e meals- and4 i- e a n e d r 20e incidentalsl asu determined[ byA thed Unitedrate Statesto generalbe servicesused afor tthe mnext mfiscal 21year administrationby forMay that1 period of time.each fiscal year;

d r e 22 C.

Every public officer or employee who is c e s k 23 traveling outside of the state on official business shall e a n b 24 receive either reimbursement pursuant to the provisions of u [ Subsection K or L of this section or for each day spent in the .229632.1 - 4 - discharge of official duties, the amount established by the department of finance and administration for the fiscal year in which the travel occurs.

The department of finance and administration shall establish the reimbursement rate to be used for the next fiscal year by May 1 of each fiscal year;

ForC. a salaried public officer or employee of a local public body or state agency, expenses shall be substantiated in accordance with rules promulgated by the secretary of finance and administration, and the secretary may promulgate rules defining what constitutes out-of-state travel for the purposes of the Per Diem and Mileage Act.

ForEvery a public officer or employee ofwho ais publictraveling post-secondaryoutside educationalof institution,the expensesstate shallon beofficial substantiatedbusiness inshall accordancereceive witheither ereimbursement tpursuant 17to rules promulgated by the governingprovisions board of thatSubsection publicK post-or wL lof nthis dsection 18or secondaryfor educationaleach institution,day andspent in the governingdischarge boardof mayofficial =duties, =the 19amount aestablished lby promulgatethe rulesdepartment definingof whatfinance constitutesand out-of-stateadministration travel i a e r 20 for the purposesfiscal ofyear thein Perwhich Diemthe andtravel Mileageoccurs. Act.

aThe tdepartment mof mfinance 21and D.administration shall establish the reimbursement rate to be used for the next fiscal year by May 1 of each fiscal year;