It is unlawful for any officer of the state of New Mexico to pay to any member of the legislature compensation for services rendered the state of New Mexico as an officer or employee thereof except such compensation and expense money which such member is entitled to receive as a member of the legislature.

History: 1941 Comp., § 2-105; Laws 1943, ch. 18, § 2; 1953 Comp., § 2-1-5; Laws 1977, ch. 336, § 3.

Public school teachers and administrators. — In enacting this section and 2-1-3 NMSA 1978, the legislature did not intend to prohibit school teachers or administrators from being state legislators while employed by a school district. State ex rel. Stratton v. Roswell Indep. Schs., 1991-NMCA-013, 111 N.M. 495, 806 P.2d 1085.

Section only pertains to legislators who are officers or employees of the state as such. 1957 Op. Att'y Gen. No. 57-11.

Resignation as state legislator. — A state legislator can resign from the legislature and legally obtain state employment during the term for which he was elected. 1977 Op. Att'y Gen. No. 77-25.

Not applicable to employees of county or municipality. — A state representative working as a county employee is not an employee paid out of state funds, or, when working as a municipal employee, is not an employee paid out of state funds. The source of payment of salary alone is not the sole test; the duties, both as a county employee and as a municipal employee, would be purely local in character. 1957 Op. Att'y Gen. No. 57-93.

Legislator elected to local school board. — A member of the state legislature is not precluded by state law from serving as an elected local school board member. 1991 Op. Att'y Gen. No. 91-02.

Public school instructors and administrators are state employees within the constraints of the prohibition against serving in the legislature while receiving compensation as an employee of the state. 1988 Op. Att'y Gen. No. 88-20, but see State ex rel. Stratton v. Roswell Indep. Schs., 1991-NMCA-013, 111 N.M. 495, 806 P.2d 1085, which held to the contrary.

Applicability to employees of state university. — The decision of the court of appeals in State ex rel. Stratton v. Roswell Indep. Schs., 1991-NMCA-013, 111 N.M. 495, 806 P.2d 1085, that public school teachers and administrators are not state employees within the meaning of 2-1-3 NMSA 1978 and this section does not alter the prohibition under these sections against a person simultaneously serving in the state legislature and as an employee of a state educational institution such as the university of New Mexico. 1991 Op. Att'y Gen. No. 91-05.

University employee elected to legislative seat. — Employees of the university of New Mexico are not barred statutorily from running for legislative seats, but, if elected to the state legislature, they may not simultaneously serve as members of the legislature and as paid university employees. 1990 Op. Att'y Gen. No. 90-21.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States §§ 46, 47, 106.