HB 102

                                1  HOUSE BILL 102
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Cristina Parajón and Cindy Nava
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO THE LEGISLATURE; ALLOWING COMPENSATION FOR
                                12   LEGISLATIVE SERVICE BASED ON PRIOR-YEAR ANNUAL MEDIAN HOUSEHOLD
                                13   INCOME IN NEW MEXICO; ALLOWING A LEGISLATOR TO REFUSE THE
                                14   COMPENSATION OR A COMPENSATION INCREASE; PROVIDING A CONTINGENT
                                15   EFFECTIVE DATE.
                                16
[bracketed material] = delete
                                17   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
underscored material = new
                                18        SECTION 1.    A new section of Chapter 2, Article 1 NMSA
                                19   1978 is enacted to read:
                                20        "[NEW MATERIAL] LEGISLATIVE COMPENSATION.--
                                21  A.   Legislators may receive compensation pursuant to
                                22   Article 4, Section 10 of the constitution of New Mexico.     The
                                23   compensation shall be determined initially by the 2027 annual
                                24   median household income for New Mexico reported in the American
                                25   community survey published in or around September 2028.     After
                                     .232791.1
                                1    the initial compensation determination, the compensation shall
                                2    be adjusted upward or downward every four years by the most
                                3    recent reported median household income for New Mexico.
                                4    Beginning with the fifty-ninth legislature, legislative
                                5    compensation begins when a legislator is seated and sworn in at
                                6    the beginning of a legislature and shall continue until the
                                7    legislator is no longer a legislator.
                                8  B.   A legislator may choose not to receive
                                9    compensation or an increase in compensation by filing a
                                10   written, signed notice of refusal with the chief clerk of the
                                11   legislator's chamber.    A compensation refusal may be withdrawn
                                12   at any time after a legislative session by the same process of
                                13   notice to the chief clerk.    If instating compensation or
                                14   canceling a refusal of a compensation increase, the new
                                15   compensation shall begin with the first full pay period after
                                16   notice has been received by the chief clerk; provided, however,
[bracketed material] = delete
                                17   that the new compensation is prospective only and shall not
underscored material = new
                                18   include any payment of lost compensation during the time of
                                19   refusal.
                                20  C.   Legislators shall not be considered state
                                21   employees for any purpose by virtue of their receiving the
                                22   compensation provided for in this section."
                                23        SECTION 2.    CONTINGENT EFFECTIVE DATE.--The effective date
                                24   of the provisions of this act is January 16, 2029 if the
                                25   secretary of state has certified that the constitution of New
                                     .232791.1
                                                                    - 2 -
                                1    Mexico has been amended by a joint resolution of the second
                                2    session of the fifty-seventh legislature entitled "PROPOSING TO
                                3    AMEND ARTICLE 4, SECTION 10 OF THE CONSTITUTION OF NEW MEXICO
                                4    TO ALLOW LEGISLATIVE COMPENSATION THAT IS LIMITED TO THE MEDIAN
                                5    HOUSEHOLD INCOME FOR NEW MEXICO, TO REQUIRE LEGISLATIVE
                                6    COMPENSATION TO BE REDUCED IF THE MEDIAN HOUSEHOLD INCOME FOR
                                7    NEW MEXICO FALLS, TO ALLOW LEGISLATIVE COMPENSATION TO BE
                                8    INCREASED ONLY IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO
                                9    RISES AND TO PROVIDE FOR DELAYED IMPLEMENTATION.".
                                10  - 3 -
                                11
                                12
                                13
                                14
                                15
                                16
[bracketed material] = delete
                                17
underscored material = new
                                18
                                19
                                20
                                21
                                22
                                23
                                24
                                25
                                     .232791.1