Each member of the legislature shall receive per diem at the internal revenue service maximum federal per diem rate for the city of Santa Fe for each day's attendance during each session of the legislature and the internal revenue service standard mileage rate for each mile traveled in going to and returning from the seat of government by the usual traveled route, once each session as defined by Article 4, Section 5 of the constitution of New Mexico.
History: 1953 Comp., § 2-1-8, enacted by Laws 1955, ch. 2, § 1; 1972, ch. 1, § 3; 1975, ch. 1, § 10; 1983, ch. 1, § 10; 1997, ch. 154, § 1.
Cross references. — For authorization of per diem and mileage payments as sole compensation for members of legislature, see N.M. Const., art. IV, § 10.
For inapplicability of the Per Diem and Mileage Act to legislators unless specifically made applicable, see 10-8-6 NMSA 1978.
The 1997 amendment, effective June 20, 1997, rewrote the section to substitute the internal revenue service per diem rate for specific dollar amounts.
Legislative intent. — Payments under this section and 2-1-9 NMSA 1978 are not intended to enrich legislators but only to cover travel expenses. State ex rel. Udall v. Pub. Employees Ret. Bd., 1994-NMCA-094, 118 N.M. 507, 882 P.2d 548, rev'd on other grounds, 120 N.M. 786, 907 P.2d 190 (1995).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories, and Dependencies § 58.
Per diem compensation of members and officers of legislature, 1 A.L.R. 276.
81A C.J.S. States § 47.
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