A. Annual compensation of elective state officers shall be paid as follows:

governor

$110,000

secretary of state

85,000

state auditor

85,000

state treasurer

85,000

attorney general

95,000

commissioner of public lands

90,000

public regulation commissioner

90,000.

B. Any person succeeding to the office of governor as provided in Article 5, Section 7 of the constitution of New Mexico shall receive the salary of the office. Every person serving as acting governor during the incapacity or absence of the governor from the state, other than the secretary of state, shall receive two hundred fifty dollars ($250) as compensation for each day's service as acting governor.

C. All compensation under this section shall be paid from the general fund, except that the amount paid to the commissioner of public lands shall be paid from the state lands maintenance fund.

History: 1953 Comp., § 4-5-1, enacted by Laws 1971, ch. 260, § 1; 1975, ch. 305, § 1; 1977, ch. 346, § 2; 1980, ch. 133, § 1; 1981, ch. 286, § 1; 1986, ch. 49, § 1; 1989, ch. 237, § 1; 1998, ch. 108, § 21; 1999, ch. 255, § 1; 2002, ch. 95, § 1.

Compiler's notes. — Laws 1971, ch. 260, § 1 enacted a new 4-5-1, 1953 Comp., which replaced former 4-5-1, 1953 Comp., (1941 Comp., §§ 3-1501, 10-422, Laws 1945, ch. 62, § 1; 1951, ch. 109, § 1; 1953, ch. 180, § 1), fixing salaries of elective state officers, which was repealed by Laws 1957, ch. 238, § 3.

Cross references. — For compensation of lieutenant governor, see 8-3-3 NMSA 1978.

For mileage of legislators, see N.M. Const., art. IV, § 10.

The 2002 amendment, effective May 15, 2002, increased the salary amounts in Subsection A.

The 1999 amendment, effective June 18, 1999, substituted "two hundred fifty dollars ($250)" for "one hundred fifty dollars ($150)" in Subsection B.

The 1998 amendment, effective January 1, 1999, substituted "public regulation" for "state corporation" near the end of Subsection A; substituted "72,500" for "65,000" at the end of Subsection A; and substituted "lands" for "land office" near the end of Subsection C.

Right and duty to pay salary. — This section clearly creates a right in the officer to require monthly payment of his statutory compensation, and a duty upon the disbursing officer to honor such demand. 1957 Op. Att'y Gen. No. 57-262.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorney General § 4; 38 Am. Jur. 2d Governor § 3; 63A Am. Jur. 2d Public Officers and Employees §§ 431 to 486.

Validity of contract by officer with public for rendition of new or special services to be paid for in addition to regular compensation, 159 A.L.R. 606.

De facto officer or employee, payment of salary to, as defense to action or proceeding by de jure officer or employee for salary, 64 A.L.R.2d 1375.

81A C.J.S. States §§ 104 to 119.