New Mexico 2024 Regular Session Status: Passed House 2 D cosponsors

HB 8 — ELECTED OFFICIALS & GOV'T CONDUCT ACT CHANGES

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

262 added · 244 removed

Plain-language change summary

The latest version of Bill HB 8 has undergone some key changes. It now focuses more on clarifying provisions of the Governmental Conduct Act, with an emphasis on the definitions related to business transactions. Importantly, it also removes language that previously declared public policy regarding conduct, which can simplify and streamline the bill's provisions. These changes aim to ensure that the rules are clear and enforceable, making it easier for public officials to understand their responsibilities.

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HOUSE BILL 8 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 INTRODUCED BY Kathleen Cates and Tara Jaramillo and Yanira Gurrola and Bill Tallman 7 9 AN ACT RELATING TO GOVERNMENT CONDUCT;
HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 8 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 4 6 8 10 AN ACT RELATING TO GOVERNMENT CONDUCT;
DECLARING THE PUBLIC POLICY OF THE STATE REGARDING CONDUCT OF CURRENT AND FORMER LEGISLATORS AND PUBLIC OFFICERS AND EMPLOYEES;
PRESCRIBING AND INCREASING PENALTIES.
AMENDING PENALTIES;
e t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REPEALING A SECTION OF THE GOVERNMENTAL CONDUCT ACT.
w l n d 18 SECTION 1.
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 10-16-2 NMSA 1978 (being Laws 1967, = = 19 a l Chapter 306, Section 2, as amended) is amended to read:
SECTION 1.
i a e r 20 "10-16-2.
Section 10-16-2 NMSA 1978 (being Laws 1967, e t 17 Chapter 306, Section 2, as amended) is amended to read:
DEFINITIONS.--As used in the Governmental a t m m 21 Conduct Act:
w l n d 18 "10-16-2.
d r e 22 A.
DEFINITIONS.--As used in the Governmental = = 19 a l Conduct Act:
"business" means a corporation, partnership, c e s k 23 sole proprietorship, firm, organization or individual carrying e a n b 24 on a business;
i a e r 20 A.
u [ B.
"business" means a corporation, partnership, a t m m 21 sole proprietorship, firm, organization or individual carrying d r e 22 on a business;
"confidential information" means information .227181.3 that by law or practice is not available to the public;
c e s k 23 B.
C.
"confidential information" means information e a n b 24 that by law or practice is not available to the public;
"contract" means an agreement or transaction having a value of more than one thousand dollars ($1,000) with a state or local government agency for:
u [ C.
"contract" means an agreement or transaction .227474.8 HJC/HB 8 having a value of more than one thousand dollars ($1,000) with a state or local government agency for:
e t 17 D.
D.
"employment" means rendering of services for w l n d 18 compensation in the form of salary as an employee;
"employment" means rendering of services for compensation in the form of salary as an employee;
= = 19 a l E.
e t 17 E.
"family" means an individual's spouse, parents, i a e r 20 children or siblings, by consanguinity or affinity;
"family" means an individual's spouse, parents, w l n d 18 children or siblings, by consanguinity or affinity;
a t m m 21 F.
= = 19 F.
"financial interest" means an interest held by d r e 22 an individual or the individual's family that is:
"financial interest" means an interest held by a l i a e r 20 an individual or the individual's family that is:
c e s k 23 (1) an ownership interest in business or e a n b 24 property;
a t m m 21 (1) an ownership interest in business or d r e 22 property;
or u [ (2) any employment or prospective employment .227181.3 - 2 - for which negotiations have already begun;
or c e s k 23 (2) any employment or prospective employment e a n b 24 for which negotiations have already begun;
G.
u [ G.
"local government agency" means a political subdivision of the state or an agency of a political subdivision of the state;
"local government agency" means a political .227474.8 - 2 - HJC/HB 8 subdivision of the state or an agency of a political subdivision of the state;
"political activity" means activity directed toward the success or failure of a political party, candidate for partisan political office or partisan political group;
"political activity" means activity to benefit or oppose the campaign of a candidate for elected office, political party or organization directly engaged in the support of or opposition to a candidate for elected office;
"standards" means the conduct required by e t 17 the Governmental Conduct Act;
"standards" means the conduct required by the Governmental Conduct Act;
w l n d 18 [K.] L.
e t 17 [K.] L.
"state agency" means any branch, agency, = = 19 a l instrumentality or institution of the state;
"state agency" means any branch, agency, w l n d 18 instrumentality or institution of the state;
and i a e r 20 [L.] M.
and = = 19 [L.] M.
"substantial interest" means an ownership a t m m 21 interest that is greater than twenty percent." d r e 22 SECTION 2.
"substantial interest" means an ownership a l i a e r 20 interest that is greater than twenty percent." a t m m 21 SECTION 2.
Section 10-16-3 NMSA 1978 (being Laws 1993, c e s k 23 Chapter 46, Section 28, as amended) is repealed and a new e a n b 24 Section 10-16-3 NMSA 1978 is enacted to read:
Section 10-16-3.1 NMSA 1978 (being Laws 2007, d r e 22 Chapter 362, Section 9, as amended) is amended to read:
u [ "10-16-3.
c e s k 23 "10-16-3.1.
[NEW MATERIAL] PURPOSE OF ACT--DECLARATION OF .227181.3 - 3 - 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 not to obtain personal benefits or to pursue private interests." SECTION 3.
PROHIBITED POLITICAL ACTIVITIES.--A public e a n b 24 officer or employee of a state agency within the executive u [ branch of state government or a local government agency is .227474.8 - 3 - HJC/HB 8 prohibited from:
Section 10-16-3.1 NMSA 1978 (being Laws 2007, Chapter 362, Section 9, as amended) is amended to read:
"10-16-3.1.
PROHIBITED POLITICAL ACTIVITIES.--A public officer or employee is prohibited from:
threatening to deny a promotion or pay increase e t 17 to [an] a public employee who does or does not vote for certain w l n d 18 candidates, requiring [an] a public employee to contribute a = = 19 a l percentage of the public employee's pay to a political fund, i a e r 20 influencing a subordinate public employee to purchase a ticket a t m m 21 to a political fundraising dinner or similar event, advising d r e 22 [an] a public employee to take part in political activity or c e s k 23 similar activities;
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 e a n b 24 [C.
or [C.
violating the officer's or employee's duty not u [ to use property belonging to a state agency or local government .227181.3 - 4 - agency, or allow its use, for other than authorized purposes.] 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] e t 17 C.
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(1) while the public officer or employee is on duty;
w l n d 18 (1) while the public officer or employee is on = = 19 duty;
(2) in any room or building reserved for the exclusive use of a state agency or local government agency;
a l i a e r 20 (2) in any room or building reserved for the a t m m 21 exclusive use of a state agency or local government agency;
(3) while wearing a uniform or official insignia identifying the office or position of the public officer or employee;
d r e 22 (3) while wearing a uniform identifying the c e s k 23 office or position of the public officer or employee;
or (4) while using a vehicle owned or leased by a state agency or local government agency;
or e a n b 24 (4) while using a vehicle owned or leased by a u [ state agency or local government agency;
provided, however, that this subsection does not apply to the governor, the attorney general or any other elected state official for whom state law enforcement officers provide security." SECTION 4.
provided, however, .227474.8 - 4 - HJC/HB 8 that this subsection does not apply to the governor, the attorney general or any other elected state or local government official for whom law enforcement officers provide security." SECTION 3.
e t 17 "10-16-3.2.
"10-16-3.2.
[NEW MATERIAL] ABUSE OF OFFICE--PROHIBITING w l n d 18 QUID PRO QUO CORRUPTION--PENALTY.-- = = 19 a l A.
[NEW MATERIAL] ABUSE OF OFFICE--PROHIBITING QUID PRO QUO CORRUPTION--PENALTY.-- A.
A legislator or public officer or employee, with i a e r 20 the purpose of benefiting the person's own or another's a t m m 21 monetary interest or other financial interest, shall not:
Except for actions allowed pursuant to Subsections B and C of Section 10-16-9 NMSA 1978, a legislator or public officer or employee, with the purpose of benefiting the person's own monetary interest or other financial interest, or of benefiting the monetary interest or other financial interest of another person with whom the legislator or public officer or employee has a personal or business relationship, shall not:
d r e 22 (1) use the power or resources of the c e s k 23 legislator's or public officer's or employee's office;
(1) use the power or resources of the e t 17 legislator's or public officer's or employee's office;
or e a n b 24 (2) omit to perform a duty imposed by virtue u [ of the public office.
or w l n d 18 (2) omit to perform a duty imposed by virtue = = 19 of the public office.
.227181.3 - 5 - B.
a l i a e r 20 B.
A legislator or public officer during the term for which elected or appointed and a public employee during the period of employment shall not acquire a financial interest when the legislator or public officer or employee believes or should have reason to believe that the new financial interest will be directly affected by the legislator's or public officer's or employee's official act.
A legislator or public officer during the term a t m m 21 for which elected or appointed and a public employee during the d r e 22 period of employment shall not acquire a financial interest c e s k 23 when the legislator or public officer or employee believes or e a n b 24 should have reason to believe that the new financial interest u [ will be directly affected by the legislator's or public .227474.8 - 5 - HJC/HB 8 officer's or employee's official act.
A legislator or public officer or employee shall not request or receive, and a person shall not offer, any money e t 17 or thing of value or promise of money or thing of value that is w l n d 18 conditioned on or given in exchange for promised performance of = = 19 a l an official act.
A legislator or public officer or employee shall not request or receive, and a person shall not offer, any money or thing of value or promise of money or thing of value that is conditioned on or given in exchange for promised performance of an official act.
A person who knowingly and willfully violates i a e r 20 the provisions of this subsection is guilty of a fourth degree a t m m 21 felony and shall be sentenced pursuant to Section 31-18-15 NMSA d r e 22 1978." c e s k 23 SECTION 5.
A person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978." e t 17 SECTION 4.
Section 10-16-4 NMSA 1978 (being Laws 1967, e a n b 24 Chapter 306, Section 4, as amended) is amended to read:
Section 10-16-4 NMSA 1978 (being Laws 1967, w l n d 18 Chapter 306, Section 4, as amended) is amended to read:
u [ "10-16-4.
= = 19 "10-16-4.
[OFFICIAL ACT FOR PERSONAL FINANCIAL INTEREST .227181.3 - 6 - PROHIBITED] DISQUALIFICATION FROM OFFICIAL ACT [PROVIDING A PENALTY].-- [A.
[OFFICIAL ACT FOR PERSONAL FINANCIAL INTEREST a l i a e r 20 PROHIBITED] DISQUALIFICATION FROM OFFICIAL ACT [PROVIDING A a t m m 21 PENALTY].-- d r e 22 [A.
It is unlawful for a public officer or employee to take an official act for the primary purpose of directly enhancing the public officer's or employee's financial interest or financial position.
It is unlawful for a public officer or employee c e s k 23 to take an official act for the primary purpose of directly e a n b 24 enhancing the public officer's or employee's financial interest u [ or financial position.
Any person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
Any person who knowingly and willfully .227474.8 - 6 - HJC/HB 8 violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
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 disqualified from engaging in an official act if the financial benefit of the financial interest to the public officer or employee is proportionately less than the benefit to the e t 17 general public.
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 disqualified from engaging in an official act if the financial benefit of the financial interest to the public officer or employee is proportionately less than the benefit to the general public.
w l n d 18 [C.
[C.
No public officer during the term for which = = 19 a l elected and no public employee during the period of employment i a e r 20 shall acquire a financial interest when the public officer or a t m m 21 employee believes or should have reason to believe that the new d r e 22 financial interest will be directly affected by the officer's c e s k 23 or employee's official act.]" e a n b 24 SECTION 6.
No public officer during the term for which elected and no public employee during the period of employment shall acquire a financial interest when the public officer or employee believes or should have reason to believe that the new financial interest will be directly affected by the officer's e t 17 or employee's official act.]" w l n d 18 SECTION 5.
Section 10-16-8 NMSA 1978 (being Laws 1967, u [ Chapter 306, Section 8, as amended) is amended to read:
Section 10-16-8 NMSA 1978 (being Laws 1967, = = 19 Chapter 306, Section 8, as amended) is amended to read:
.227181.3 - 7 - "10-16-8.
a l i a e r 20 "10-16-8.
CONTRACTS INVOLVING FORMER PUBLIC OFFICERS OR EMPLOYEES--REPRESENTATION OF CLIENTS AFTER GOVERNMENT SERVICE-- EMPLOYER OF FORMER PUBLIC OFFICER OR EMPLOYEE ADDITIONALLY AND SEPARATELY LIABLE FOR CIVIL PENALTY.-- A.
CONTRACTS INVOLVING FORMER PUBLIC OFFICERS OR a t m m 21 EMPLOYEES--REPRESENTATION OF CLIENTS AFTER GOVERNMENT SERVICE-- d r e 22 EMPLOYER OF FORMER PUBLIC OFFICER OR EMPLOYEE ADDITIONALLY AND c e s k 23 SEPARATELY LIABLE FOR CIVIL PENALTY.-- e a n b 24 A.
A state agency shall not enter into a contract with or take any action favorably affecting [any] a person or business that is:
A state agency shall not enter into a contract u [ with or take any action favorably affecting [any] a person or .227474.8 - 7 - HJC/HB 8 business that is:
or (2) assisted in the transaction by a former public officer or employee of the state whose official act, while in state employment, directly resulted in the state e t 17 agency's making that contract or taking that action.
or (2) assisted in the transaction by a former public officer or employee of the state whose official act, while in state employment, directly resulted in the state agency's making that contract or taking that action.
w l n d 18 B.
B.
A former public officer or employee shall not = = 19 a l represent a person in the person's dealings with [the i a e r 20 government] a state agency or local government agency on a a t m m 21 matter in which the former public officer or employee d r e 22 participated personally and substantially while a public c e s k 23 officer or employee.
A former public officer or employee shall not represent a person in the person's dealings with [the government] a state agency or local government agency on a matter in which the former public officer or employee participated personally and substantially while a public e t 17 officer or employee.
e a n b 24 C.
w l n d 18 C.
A local government agency shall not enter into a u [ contract with or take any action favorably affecting any person .227181.3 - 8 - or business that is:
A local government agency shall not enter into a = = 19 contract with or take any action favorably affecting any person a l i a e r 20 or business that is:
(1) represented personally in the matter by a person who has been a public officer or employee of that local government agency within the preceding year if the value of the contract or action is in excess of one thousand dollars ($1,000) and the contract is a direct result of an official act by the public officer or employee;
a t m m 21 (1) represented personally in the matter by a d r e 22 person who has been a public officer or employee of that local c e s k 23 government agency within the preceding year if the value of the e a n b 24 contract or action is in excess of one thousand dollars u [ ($1,000) and the contract is a direct result of an official act .227474.8 - 8 - HJC/HB 8 by the public officer or employee;
For a period of one year after leaving government service or employment, a former public officer or employee shall not represent for pay a person before the state e t 17 agency or local government agency at which the former public w l n d 18 officer or employee served or worked.
For a period of 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.
= = 19 a l E.
E.
Upon a showing that a former public officer or i a e r 20 employee violated any provision of this section while in the a t m m 21 employment of another person who knowingly caused the violation d r e 22 to occur, that other person is additionally and separately c e s k 23 liable for any civil penalty that is assessed against the e a n b 24 former public officer or employee and is subject to other u [ remedies provided for in the Governmental Conduct Act." .227181.3 - 9 - SECTION 7.
Upon a showing that a former public officer or employee violated any provision of this section while in the employment of another person who knowingly caused the violation to occur, that person is additionally and separately liable for e t 17 any civil penalty that is assessed against the former public w l n d 18 officer or employee and is subject to other remedies provided = = 19 for in the Governmental Conduct Act." a l i a e r 20 SECTION 6.
Section 10-16-18 NMSA 1978 (being Laws 1995, Chapter 153, Section 23, as amended) is amended to read:
Section 10-16-18 NMSA 1978 (being Laws 1995, a t m m 21 Chapter 153, Section 23, as amended) is amended to read:
"10-16-18.
d r e 22 "10-16-18.
ENFORCEMENT--CIVIL PENALTIES.-- A.
ENFORCEMENT--CIVIL PENALTIES.-- c e s k 23 A.
If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Governmental Conduct Act, the state ethics commission may refer the matter to the attorney general or a district attorney for enforcement.
If the state ethics commission reasonably e a n b 24 believes that a person committed, or is about to commit, a u [ violation of the Governmental Conduct Act, the state ethics .227474.8 - 9 - HJC/HB 8 commission may refer the matter to the attorney general or a 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 e t 17 dollars ($250) for each violation] not to exceed [five thousand w l n d 18 dollars ($5,000)] ten thousand dollars ($10,000)." = = 19 a l - 10 - i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .227181.3
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) per violation." SECTION 7.
REPEAL.--Section 10-16-3 NMSA 1978 (being Laws 1993, Chapter 46, Section 28, as amended) is repealed.
- 10 - e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .227474.8
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Action History

  1. action postponed indefinitely

  2. Sent to Senate Judiciary Committee & Senate Finance Committee

  3. passed House

  4. DO NOT PASS, replaced with committee substitute

  5. DO PASS committee report adopted

  6. Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee

  7. withdrawn printed germane prefile

  8. not printed House Rules and Order of Business Committee

  9. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 108 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 8?
HB 8 is sponsored by Tallman, Bill, Jaramillo, Tara, Kathleen Cates (Democrat), and Yanira Gurrola (Democrat).
What is the current status of HB 8?
This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 8?
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