These columns published a few years ago raise the same issues that arise in 2026 so I am republishing them here, even though they are also elsewhere on this web site. Also here is a link to the report I wrote in 2023 about legislative salary practices in several other states.
Here is that link. https://www.triplespacedagain.com/wordpress/?p=1317
WRITTEN AND PUBLISHED IN 2023
By Merilee Dannemann
State legislative salaries vary widely
In 2021, Democratic members of the Texas House of Representatives left the state en masse to prevent a vote on a bill they opposed. After a couple of weeks, some told national media they had to get home. Not to the legislature, they said, but to their jobs and businesses. They could not afford to stay away too long.
Their legislative salary is $7200 for the year.
Texas also pays per diem ($221 per day), transportation cost for one roundtrip home each week, and mileage for airplanes (how very Texan). New Mexico pays mileage just for one round trip per legislative session and for travel to interim committees. (Per diem is to cover daily expenses.)
This year New Mexico legislators did not pass the bill to start the debate on whether to pay them salaries, and if so, how much and under what terms. But it’s coming.
New Mexicans have been whining that our state is the only one that does not pay legislators a salary. But there’s no clarity about what sort of salary we have in mind or what difference it would make.
Many New Mexicans may have unclear ideas about legislative salaries. They may assume that salary equals full time — that salaried legislators would devote themselves year round to legislative business. Most state legislatures don’t do that.
For comparison, I sent a brief questionnaire to the legislative staff offices of 10 Western states. I received answers from Nevada, Idaho, Washington, Colorado and Arizona.
“Since legislators receive a salary, is it expected that this salary will be their only or primary source of earned income?” was the first question. They all said no. “We don’t pay much,” said Idaho.
“Are legislators expected to work year-round full time on their legislative business?” All said their legislators don’t have to, but Colorado and Washington said some members do.
“Are they allowed by law to hold another job or profession or own a business?” All said yes, some with restrictions related to possible conflicts of interest.
The salary figures I found are: Idaho $18,875; Arizona $24,000; Colorado $40,242; Washington $57,876.
Nevada is different. It pays a daily salary of $164.69 for days worked in the legislative session, up to 60 days, though the session may go longer. Unless there is a special session, my arithmetic totals less than $10,000 for the year and would make Nevada the lowest paying of these states. But it adds a $10,000 travel allowance.
The Nevada writer commented: “Not surprisingly, most of our legislators have other jobs or are retired, which is why it is often referred to as a ‘citizen legislature.”
New Mexico also uses the term “citizen legislature.” So does Idaho.
The Colorado writer says most legislators work full time at their legislative jobs but most also earn other income.
Washington’s Salary Commission estimates that legislators’ work is part-time (roughly 75%).
Arizona, Colorado and Idaho all pay 4 to 5 times more money in per diem for legislators who live more than 50 miles from the state capitol than those who live within 50 miles.
New Mexico pays per diem equally to all legislators. The late Senator Ken Kamerman (my husband) grumbled about this to me privately. Legislators who live in Santa Fe enjoy the comforts of home and don’t need hotel rooms but get full per diem anyway.
These are a few of the subjects New Mexico will be debating about soon.
I found the answers from the five states so informative that I posted the complete text on my web site www.triplespacedagain.com. Legislative salary advocates and policy wonks like me are welcome to visit.
© 2023 NEW MEXICO NEWS SERVICES
WRITTEN AND PUBLISHED IN 2018
The complications of paying the legislature
By Merilee Dannemann
The notion that New Mexico should pay legislators a salary has been discussed many times. In 2016, a constitutional amendment was proposed to establish a salary, but wasn’t passed.
Some observers think we’d get a better quality legislature. Maybe. But it’s not so simple.
A salary would make it easier for intelligent, principled, civic minded individuals representing a broader range of backgrounds to seek elective office. It also could make legislative service attractive to some people who would want the job primarily for the money. Alas, New Mexico does have history of that (recall a past state auditor or two, for example).
New Mexico is the last state to have no salary for legislators. Our legislators receive per diem expenses, tagged to the IRS rate for Santa Fe, currently $183 a day for the legislative session and interim committee meetings. Most legislators actually do have to stay in hotels and pay for lodging and expenses. (I’ll mention exceptions another time.)
The 2016 amendment would have set legislators’ salaries to the state’s median household income, currently around $45,000. For 112 legislators, that totals a little more than $5 million a year. But the cost of salary is never just the salary.
In case another such proposal is introduced in 2019, let’s examine.
First, additional costs:
Salary is taxable for both federal and state income tax. So the take-home salary would be less than that hypothetical $45,000 – just as for any other salaried employee.
Legally, a salaried person is an employee of somebody. Currently New Mexico legislators are not employees. If they become employees, who’s the boss? If a legislator fails to show up at all the required times, would salary be docked? Would legislators be entitled to sick leave and the state employee health plan?
If they receive a salary then, unless special law is made to provide otherwise, they have the same rights as any employees. That includes unemployment coverage, which requires a payroll deduction with a match from the employer. When would unemployment apply? If a legislator loses the next election, is he then entitled to unemployment?
Salaried employees are covered by workers’ compensation if injured on the job. When is a legislator on duty? A legislator might slip and fall in the supermarket while talking to a fellow shopper who is a constituent. The legislator could, hypothetically, claim workers’ comp. And whether any legislator ever claims it, the insurance premium would still have to be paid by the employer (that’s us).
Second, different expectations of service:
Should legislative sessions be longer? Should legislative service become a full-time year-round job? If so, what should legislators be doing all year? Poking around into all the state agencies? Educating themselves by going to more conferences?
Would you expect legislators to be available to constituents year-round? Informally, they already are. If they are paid to be available, would they need offices in their districts, another taxpayer expense (perhaps with staff)? If they have an existing job or profession, should they give it up?
Would the salary replace the per diem that legislators are now paid? In our sprawling state, that would hurt legislators who have to travel long distances.
The other 49 states have, presumably, dealt with these issues, possibly in 49 different ways. So it’s not impossible, just cumbersome. But before New Mexico discusses this further, we ought to figure out what we expect or we could have a decade of litigation.
Our citizens already spend dizzyingly high amounts on campaign contributions for a part-time job that pays no salary. Legislative campaigns used to involve a few brochures and a lot of shoe leather, but no more. If the legislative salary encourages more candidates to jump into the ring, campaigns will become even more expensive. And you as a citizen will have to do more homework to pick the best candidate.
© 2018 NEW MEXICO NEWS SERVICES