New Mexico Statutes

N.M. Stat. § 10-8-2 (2026)

Purpose of act.

✓ current as of May 2026

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    The purpose of the Per Diem and Mileage Act is to establish standard rates for
reimbursement for travel for public officers and employees coming under the Per Diem
and Mileage Act. The act is designed to be referred to where applicable in statutes
setting compensation of public officers and employees.

History: 1953 Comp., § 5-10-2, enacted by Laws 1963, ch. 31, § 2; 1971, ch. 116, § 1.

                                     ANNOTATIONS

When allowance may not be drawn. — State highway commissioners, as unsalaried
state officers, may not draw the statutory per diem allowance while engaged in official
state business at their residence or personal business premises. 1977 Op. Att'y Gen.
No. 77-20.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public
Employees § 225; 81A C.J.S. States §§ 61, 106 to 109.

Notes of Decisions

Cited in 2 cases, 2006–2011 · leading case: Hill v. Vanderbilt Capital Advisors, LLC, 834 F. Supp. 2d 1228 (D.N.M. 2011).

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Hill v. Vanderbilt Capital Advisors, LLC, 834 F. Supp. 2d 1228 (D.N.M. 2011). “1978, § 10-8-2. The ERB trustees are managers of the Fund, and, accordingly, may either be “elected or appointed officials” pursuant to § 41-4-3F(1) or “persons acting on behalf of or in service of a governmental entity in any official capacity” pursuant to § 41-4-3F.”

New Mexico Bd. of Veterinary Med. v. Riegger, 137 P.3d 619 (N.M. Ct. App. 2006). · cites it 4× “Section 61-14-4(E) thus designates the exclusive source of the funds from which Board members may be paid for per diem and mileage.”

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