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HJR 18

COMMISSION ON LEGISLATIVE SALARIES, CA

2025 Regular Session Introduced by Marianna Anaya and 2 co-sponsors

Creates an independent nine-member citizen commission to set New Mexico legislators' salaries, removing pay decisions from the Legislature.

action postponed indefinitely
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Bill Summary · HJR 18

Summary — HJR 18: Commission on Legislative Salaries (Constitutional Amendment)

Status: Action postponed indefinitely (most recent procedural entry: 2025-06-03)
Document type: Joint resolution proposing amendment to the New Mexico Constitution
Primary sponsors (per fiscal note): Rubio / Garratt / Anaya
Fiscal note last updated: 02/26/2025

Purpose / Intent

HJR 18 proposes a constitutional amendment to create an independent “citizen commission on legislative salaries” with authority to set salaries for New Mexico legislators. The goal is to move legislative pay-setting out of the Legislature and vest it in a nine‑member public commission that would periodically set or recommend legislator salaries.

Key provisions

  • Adds a new Section 43 to Article IV of the New Mexico Constitution establishing a citizen commission on legislative salaries as an independent state agency.
  • Commission composition: nine public members; no more than four members from the same political party.
  • Decision rule: an affirmative vote of at least five commission members is required to set salaries.
  • Timing: the commission must file its first report with the Secretary of State on or before October 1, 2028; thereafter it must report at least every four years.
  • Amends state constitutional provisions (Section 2 in the Draft) to authorize payment of salaries once set by the commission.
  • Commission members serve without salary but are eligible for per diem and mileage as provided by law for similar boards/commissions.
  • Appointments, terms, and qualifications are to be provided by statute (the resolution text delegates those details to law).

Who is affected

  • Members of the New Mexico Legislature (currently 112 part‑time legislators): would move from receiving only per diem/mileage to receiving a commission‑determined salary if voters approve.
  • State general fund: would fund legislator salaries once implemented.
  • Secretary of State (SOS): required to include the amendment on the ballot, print bilingual sample text, and publish materials.
  • Public Employees Retirement Association (PERA): would need system changes if legislators move from non‑salary to salary PERA membership.
  • Commission members: unpaid public members eligible for travel/per diem.

Fiscal and administrative impacts

  • Commission member costs (per diem/mileage): expected to be minimal and recurring (General Fund).
  • Ballot/printing/publishing costs to SOS for a constitutional amendment: estimated $35,000–$50,000 (nonrecurring) depending on ballot complexity.
  • Recurring salary costs: unknown until commission sets salaries. Example: a $50,000 base salary for each of 112 legislators ≈ $5.6 million annually (would require recurring General Fund appropriation beginning FY29 under the timeline in the fiscal note).
  • PERA would incur administrative costs to modify pension systems.
  • The resolution leaves selection/appointment methods and judicial review questions unspecified and defers some details to statute.

Process / Timeline

  • Because this is a constitutional amendment, it must be approved by voters. HJR 18 directs the amendment to be placed on the next general election ballot (or a special election prior to that).
  • If approved by voters, the commission’s first report is due by October 1, 2028, and salaries would take effect the first full pay period the following July (effectively July 2029 under the fiscal note scenario).
  • Current legislative status: action postponed indefinitely (not advancing at this time).

Notable uncertainties / issues

  • The resolution does not specify how commission members are appointed, detailed qualifications, accountability mechanisms, or whether commission determinations are subject to judicial review.
  • Exact long‑term fiscal impacts depend entirely on salary levels set by the commission and any related benefit changes.

Compiled from official sources — confirm details with the bill’s official record.

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