HOUSE BILL 102

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Cristina Parajón

 

 

 

 

 

AN ACT

RELATING TO THE LEGISLATURE; ALLOWING COMPENSATION FOR LEGISLATIVE SERVICE BASED ON PRIOR-YEAR ANNUAL MEDIAN HOUSEHOLD INCOME IN NEW MEXICO; ALLOWING A LEGISLATOR TO REFUSE THE COMPENSATION OR A COMPENSATION INCREASE; PROVIDING A CONTINGENT EFFECTIVE DATE.

 

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

     SECTION 1. A new section of Chapter 2, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LEGISLATIVE COMPENSATION.--

          A. Legislators may receive compensation pursuant to Article 4, Section 10 of the constitution of New Mexico. The compensation shall be determined initially by the 2027 annual median household income for New Mexico reported in the American community survey published in or around September 2028. After the initial compensation determination, the compensation shall be adjusted upward or downward every four years by the most recent reported median household income for New Mexico. Beginning with the fifty-ninth legislature, legislative compensation begins when a legislator is seated and sworn in at the beginning of a legislature and shall continue until the legislator is no longer a legislator.

          B. A legislator may choose not to receive compensation or an increase in compensation by filing a written, signed notice of refusal with the chief clerk of the legislator's chamber. A compensation refusal may be withdrawn at any time after a legislative session by the same process of notice to the chief clerk. If instating compensation or canceling a refusal of a compensation increase, the new compensation shall begin with the first full pay period after notice has been received by the chief clerk; provided, however, that the new compensation is prospective only and shall not include any payment of lost compensation during the time of refusal.

          C. Legislators shall not be considered state employees for any purpose by virtue of their receiving the compensation provided for in this section."

     SECTION 2. CONTINGENT EFFECTIVE DATE.--The effective date of the provisions of this act is January 16, 2029 if the secretary of state has certified that the constitution of New Mexico has been amended by a joint resolution of the second session of the fifty-seventh legislature entitled "PROPOSING TO AMEND ARTICLE 4, SECTION 10 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW LEGISLATIVE COMPENSATION THAT IS LIMITED TO THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO, TO REQUIRE LEGISLATIVE COMPENSATION TO BE REDUCED IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO FALLS, TO ALLOW LEGISLATIVE COMPENSATION TO BE INCREASED ONLY IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO RISES AND TO PROVIDE FOR DELAYED IMPLEMENTATION.".

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