HB 5 — CONDUCT OF CURRENT & FORMER PUBLIC OFFICIALS

o t hr g e I.

"political activity" means activity directed i k h r toward the success or failure of a political party, candidate i s h for partisan political office or partisan political group;

, t, e u g e b l [I.] J.

"public officer or employee" means any e e h n d d i elected or appointed official or employee of a state agency or = = o h l ] b ,d local government agency who receives compensation in the form i a º e r i = r t e w d of salary or is eligible for per diem or mileage but excludes m a n o d m :

b e d s º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e - 3 - e a n e d r e l u [ A d legislators;

[J.] K.

"standards" means the conduct required by the Governmental Conduct Act;

[K.] L.

"state agency" means any branch, agency, instrumentality or institution of the state;

and [L.] M.

"substantial interest" means an ownership interest that is greater than twenty percent."»Hfl1 SECTION Hfl1º1.»Hfl1 Hfl1º2.»Hfl1 Section 10-16-3 NMSA (being Laws 1993, Chapter 46, Section 28, as amended) is repealed and a new Section 10-16-3 NMSA 1978 is enacted to read:

"10-16-3.

[NEW MATERIAL ] PURPOSE OF ACT--DECLARATION OF PUBLIC POLICY.--Recognizing that a government position is a public trust, it is the public policy of the state and the intent of the legislature in enacting the Governmental Conduct Act that the powers and resources of state and local public office should only be used to advance the public interest and h g not to obtain personal benefits or to pursue private o t hr interests." g e i k SECTION Hfl1º 2.»Hfl1 Hfl1º3.»Hfl1 Section 10-16-3.1 h r i s h NMSA 1978 (being Laws 2007, Chapter 362, Section 9, as amended) , t, e u g is amended to read:

e b l e e h "10-16-3.1.

PROHIBITED POLITICAL ACTIVITIES.--A public n d d i = = o h l ] b ,d officer or employee is prohibited from:

i a º e r i = r A.

directly or indirectly coercing or attempting to t e w d m a n o d m :

b e d s º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e - 4 - e a n e d r e l u [ A d coerce another public officer or employee to pay, lend or contribute anything of value to a party, committee, organization [agency ] or other person for a political purpose;

B.

threatening to deny a promotion or pay increase to [an] a public employee who does or does not vote for certain candidates, requiring [an ] a public employee to contribute a percentage of the public employee's pay to a political fund, influencing a subordinate public employee to purchase a ticket to a political fundraising dinner or similar event, advising [an] a public employee to take part in political activity or similar activities;

or [C.

violating the officer's or employee's duty not to use property belonging to a state agency or local government agency, or allow its use, for other than authorized purposes.] C.

(1) while the public officer or employee is on h duty;

g o t hr (2) in any room or building reserved for the g e i k exclusive use of a state agency or local government agency;

h r i s (3) while wearing a uniform or official h , t, insignia identifying the office or position of the public e u g e b l e e h officer or employee;

or n d d i = = o h (4) while using a vehicle owned or leased by a l ] b ,d i a º e state agency or local government agency."agency SECTIONHJCº."»HJC 3.HJCº;»HJC r i = r t e w d m a n o HJCºprovided, however, that this subsection does not apply to d m :

b e d s º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e - 5 - e a n e d r e l u [ A d the governor, the attorney general or any other elected state official for whom state law enforcement officers provide security."»HJC SECTION Hfl1º3.»Hfl1 Hfl1º4.»Hfl1 A new section of the Governmental Conduct Act, Section 10-16-3.2 NMSA 1978, is enacted to read:

[NEW MATERIAL] ABUSE OF OFFICE--PROHIBITING QUID PRO QUO CORRUPTION--PENALTY.-- e t 17 A.

A legislator or public officer or employee, with w l n d 18 the purpose of benefiting in a monetary interest or other = = 19 a l financial interest or obtaining a sexual favor, shall not:

i a e r 20 (1) use the power or resources of the a t m m 21 legislator's or public officer's or employee's office;

or d r e 22 (2) omit to perform a duty imposed by virtue c e s k 23 of the public office.

e a n b 24 B.

A legislator or public officer during the term uh [ for which elected or appointed and a public employee during the .224394.4g -o 3t -hr period of employment shall not acquire a financial interest g e i k when the legislator or public officer or employee believes or h r i s should have reason to believe that the new financial interest h , t, e u g will be directly affected by the legislator's or public e b l e e h officer's or employee's official act.

n d d i = = o h C.

A legislator or public officer or employee shall l ] b ,d i a º e not use:

(1)r propertyi belonging= tor at statee agencyw ord localm governmenta agencyn oro allow(1) itsproperty usebelonging forto ana unauthorizedstate purpose;agency or d m :

b e d s º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e - 6 - e a n e d r e l u [ A d local government agency or allow its use for an unauthorized purpose;

or (3) the power of the public office to commit an act relating to the public office if the purpose of the act is to obtain a benefit for that person's self or another person, and committing such an act constitutes an unauthorized e t 17 exercise of official functions.

w l n d 18 D.

A legislator or public officer or employee shall = = 19 a l not request or receive, and a person shall not offer, any i a e r 20 money, sexual favor, thing of value or promise of money, sexual a t m m 21 favor or thing of value that is conditioned on or given in d r e 22 exchange for promised performance of an official act.

A person c e s k 23 who knowingly and willfully violates the provisions of this e a n b 24 subsection is guilty of a fourth degree felony and shall be uh [ sentenced pursuant to Section 31-18-15 NMSA 1978." .224394.4g -o 4t -hr SECTION 4.Hfl1º 4.»Hfl1 Hfl1º5.»Hfl1 Section 10-16-4 NMSA g e i k 1978 (being Laws 1967, Chapter 306, Section 4, as amended) is h r i s amended to read:

Sectionh 10-16-4, NMSAt, 1978"10-16-4. (being Laws 1967, Chapter 306, Section 4, as amended) is amended to read:

"10-16-4.[OFFICIAL ACT FOR PERSONAL FINANCIAL INTEREST e u g e b l e e h PROHIBITED] DISQUALIFICATION FROM OFFICIAL ACT [PROVIDING A n d d i = = o h PENALTY].-- l ] b ,d i a º e [A.

[OFFICIALIt ACTis FORunlawful PERSONALfor FINANCIALa INTERESTpublic PROHIBITED]officer DISQUALIFICATIONor FROMemployee OFFICIALr ACTi [PROVIDING= Ar PENALTY].--t [A.e w d m a n o to take an official act for the primary purpose of directly d m :

Itb ise unlawfuld fors aº publico officert orn employee= to.224394.4AIC takeMarch an9, official2023 act(12:22pm) fors thek primarym purposee of- directly7 - e a n e d r e l u [ A d enhancing the public officer's or employee's financial interest or financial position.

B.] A public officer or employee shall be disqualified from engaging in any official act directly affecting the public officer's or employee's financial interest, except a public officer or employee shall not be e t 17 disqualified from engaging in an official act if the financial w l n d 18 benefit of the financial interest to the public officer or = = 19 a l employee is proportionately less than the benefit to the i a e r 20 general public.

a t m m 21 [C.

No public officer during the term for which d r e 22 elected and no public employee during the period of employment c e s k 23 shall acquire a financial interest when the public officer or eh a n b 24 employee believes or should have reason to believe that the new u [» r financial interest will be directly affected by the officer's .224394.4t -h 5g -e l i or employee's official act.]" h r i s SECTION 5.Hfl1º 5.»Hfl1 Hfl1º6.»Hfl1 Section 10-16-8 NMSA h , e h 1978 (being Laws 1967, Chapter 306, Section 8, as amended) is t u g e b l e e , gh amended to read:

Sectionn 10-16-8d NMSAd 1978i (being= Laws= 1967,o Chapterh 306,"10-16-8. Section 8, as amended) is amended to read:

"10-16-8.CONTRACTS INVOLVING FORMER PUBLIC OFFICERS OR l ] b ,d i a º r EMPLOYEES--REPRESENTATION OF CLIENTS AFTER GOVERNMENT SERVICE-- e r = t e w d m a n o EMPLOYER OF FORMER PUBLIC OFFICER OR EMPLOYEE ADDITIONALLY AND d m :

CONTRACTSb INVOLVINGr FORMERe PUBLICt OFFICERSº ORo EMPLOYEES--REPRESENTATIONt OFn CLIENTS= AFTER.224394.4AIC GOVERNMENTMarch SERVICE--9, EMPLOYER2023 OF(12:22pm) FORMERs PUBLICk OFFICERm ORe EMPLOYEE- ADDITIONALLY8 AND- e a n e d r e l u [ A d SEPARATELY LIABLE FOR CIVIL PENALTY.-- A.

A state agency shall not enter into a contract with or take any action favorably affecting [any][any ] a person or business that is:

or e t 17 (2) assisted in the transaction by a former w l n d 18 public officer or employee of the state whose official act, = = 19 a l while in state employment, directly resulted in the state i a e r 20 agency's making that contract or taking that action.

a t m m 21 B.

A former public officer or employee shall not d r e 22 represent a person in the person's dealings with [the ch e s k 23 government] a state agency or local government agency on a eu a» nr b 24 matter in which the former public officer or employee ut [h g e l i participated personally and substantially while a public .224394.4h -r 6i -s officer or employee.

h , e h C.

A local government agency shall not enter into a t u g e b l e e , gh contract with or take any action favorably affecting any person n d d i = = o h or business that is:

(1)l represented] personallyb in,d thei matter by a personº whor has(1) beenrepresented apersonally publicin officer or employee of that local government agency within the precedingmatter yearby ifa thee valuer of= thet contracte orw actiond ism ina excessn ofo oneperson thousandwho dollarshas ($1,000)been anda thepublic contractofficer isor aemployee direct result of anthat officiallocal actd bym the: public officer or employee;

orb (2)r assistede int theº transactiono byt an former= public.224394.4AIC officerMarch or9, employee2023 of(12:22pm) thats [politicalk subdivisionm ofe the- state]9 local- governmente agencya whosen officiale act,d whiler ine employmentl withu that[ [politicalA subdivisiond ofgovernment agency within the state]preceding localyear governmentif agency,the directlyvalue resultedof the contract or action is in theexcess localof governmentone agency'sthousand makingdollars that($1,000) and the contract oris takinga thatdirect action.result of an official act by the public officer or employee;

eor t(2) 17assisted D.in the transaction by a former public officer or employee of that [political subdivision of the state] local government agency whose official act, while in employment with that [political subdivision of the state ] local government agency, directly resulted in the local government agency's making that contract or taking that action.

ForD. a period of one year after leaving w l n d 18 government service or employment, a former public officer or = = 19 a l employee shall not represent for pay a person before the state i a e r 20 agency or local government agency at which the former public a t m m 21 officer or employee served or worked.

dFor ra eperiod 22of E.one year after leaving government service or employment, a former public officer or employee shall not represent for pay a person before the state agency or local government agency at which the former public officer or employee served or worked.

UponE. a showing that a former public officer or c e s k 23 employee violated any provision of this section while in the e a n b 24 employment of another person, that person is additionally u [ separately liable for any civil penalty that is assessed .224394.4 - 7 - against the former public officer or employee and is subject to other remedies provided for in the Governmental Conduct Act." SECTION 6.

SectionUpon 10-16-9a NMSAshowing 1978that (beinga Lawsformer 1967,public Chapterofficer 306,or Sectionh 9,employee asviolated amended)any provision of this section while in the u » r employment of another person Hfl1ºHJCºwho caused the violation t h g e l i to occur»HJC»Hfl1 Hfl1ºwho knowingly caused the violation to h r i s occur»Hfl1 , that person is amendedadditionally Hfl1ºand»Hfl1 h , e h Hfl1ºHJCºand»HJC»Hfl1 separately liable for any civil penalty t u g e b l e e , gh that is assessed against the former public officer or employee n d d i = = o h and is subject to read:other remedies provided for in the l ] b ,d i a º r Governmental Conduct Act." e r = t e w d m a n o HJCº SECTION 6.

Section 10-16-9 NMSA 1978 (being Laws d m :

b r e t º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e - 10 - e a n e d r e l u [ A d 1967, Chapter 306, Section 9, as amended) is amended to read:

A person negotiating or executing a contract on behalf of a state agency shall e t 17 exercise due diligence to ensure compliance with the provisions w l n d 18 of this subsection.

= = 19 a l B.

Except as otherwise provided in Subsection C of ih a e r 20 this section, a legislator shall not appear for, represent or au t» mr mt 21h assist another person in a matter before a state agency unless dg r e 22l i that appearance, representation or assistance is:

ch er si ks 23 (1) provided without compensation;

[or] h , e ah nt bu 24g (2) for the benefit of a constituent [except ue [b l e e , gh for legislators who are attorneys or other professional persons .224394.4n -d 8d -i = = o h l ] b ,d engaged in the conduct of their professions and, in those i a º r e r = instances, the];

and (3)t note aw matterd thatm affectsa then legislator'so financiald interestm or: financial position.

b r e t º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e - 11 - e a n e d r e l u [ A d (3) not a matter that affects the legislator's financial interest or financial position.

A legislator shall not make direct or indirect e t 17 threats or implications relating to legislative actions in any w l n d 18 instance in which the legislator appears for, represents or =h = 19 a l assists another person in a matter before a state agency."agency."»HJC iu a» r t h SECTION HJCº7.»HJC Hfl1ºHJCº8.»HJC»Hfl1 Hfl1º7.»Hfl1 g e l i Section 10-16-18 NMSA 1978 (being Laws 1995, Chapter 153, h r 20i SECTIONs 7.Section 23, as amended) is amended to read:

Sectionh 10-16-18, NMSAe 1978h (being Laws 1995, a t mu mg 21"10-16-18. Chapter 153, Section 23, as amended) is amended to read:

dENFORCEMENT--CIVIL rPENALTIES.-- e 22b "10-16-18.l e e , gh A.

ENFORCEMENT--CIVILIf PENALTIES.--the cstate ethics commission reasonably n d d i = = o h believes that a person committed, or is about to commit, a l ] b ,d i a º r e sr k= 23violation A.of the Governmental Conduct Act, the state ethics t e w d m a n o commission may refer the matter to the attorney general or a d m :

Ifb ther statee ethicst commissionº reasonablyo et a n b= 24.224394.4AIC believesMarch that9, a2023 person(12:22pm) committed,s ork ism aboute to commit, a u [ violation of the Governmental Conduct Act, the state ethics .224394.4 - 912 - commissione maya refern thee matterd tor thee attorneyl generalu or[ aA d district attorney for enforcement.

Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty [of two hundred fifty dollars ($250) for each violation] not to exceed [five thousand dollars ($5,000)] ten thousand dollars ($10,000)." - 1013 - 15h eu » r t 17h wg e l ni dh 18r =i =s 19h a, le ih at u g e rb 20l ae te m, mgh 21n d rd ei 22= c= o h l ] b ,d i a º r e sr k= 23t e w d m a n bo 24d um [: .224394.4

b r e t º o t n = .224394.4AIC March 9, 2023 (12:22pm) s k m e e a n e d r e l u [ A d