HB 4 — STATE ETHICS COMMISSION ACT

and t hr g e i k (d) one commissioner appointed by the h r i s minority floor leader of the house of representatives;

and h , t, (3) two commissioners, who shall not be e u g e 17b l e e h members of the same political party, appointed by the four e e n d 18d i = = o h legislatively appointed commissioners.

= = l ] 19b ,d i a º e B.

The appointing authorities shall give due regard ar li = r it 20e w d m a n o to the cultural diversity of the state and to achieving td em a: t geographical representation from across the state.

Eachb me md 21s eº do appointingt authorityn shall= file.213905.5 letterss ofk appointmentm withe the- r4 - e 22a cn e d r ce 23l secretaryu of[ A d HJC/HB 4 geographical representation from across the state.

eEach aappointing nauthority bshall 24file C.letters of appointment with the secretary of state.

CommissionersC. shall be appointed for staggered u [ terms of four years beginning July 1, 2019.

TheCommissioners governor'sshall .213905.5be -appointed 4for -staggered HJC/HBterms 4of appointeefour shallyears servebeginning anJuly initial1, term2019. of four years.

The governor's appointee shall serve an initial term of four years.

The original h g appointing authority shall select a successor in the same o t hr g e manner as the original selection was made.

A vacancy shall be i k h r filled by appointment by the appointing authority no later than ei es 17h thirty days following notification of a vacancy for the e, t, e nu dg 18e b l remainder of the unexpired term.

=e =e lh ]n 19d d i F.

The commission shall elect a chair and a vice a= = o h l r] ib 20,d chair.

ti a º e ar ti = r G.

Four commissioners constitutes a quorum for the mt m 21 e w d transactionm ofa businessn requiringo decisionsd ofm the: full r e 22 c e r c 23 commission.

Unlessb otherwisee provided,d decisionss ofº theo t n = .213905.5 s k m e - 5 - e a n be 24d commissionr requiree al majorityu vote[ A d HJC/HB 4 transaction of business requiring decisions of the full commission.

uUnless [otherwise H.provided, decisions of the commission require a majority vote of the commission.

AH. commissioner may be removed for incompetence, .213905.5 - 5 - HJC/HB 4 neglect of duty or malfeasance in office.

A commissioner may be removed for incompetence, neglect of duty or malfeasance in office.

h J.

The commission shall meet as often as necessary g o to carry out its duties pursuant to the provisions of the State t hr g e i k Ethics Commission Act;

provided that the commission shall meet h r i s at least on a quarterly basis.

Meetings of the commission may eh e, 17t, be held at the call of the chair, the vice chair, the director e u g e nb dl 18e e h or at the request of a majority of the members of the n d d i = = lo ]h 19 commission.

a l r] b ,d i 20a º e SECTION 4.

[NEW MATERIAL ] COMMISSIONERS--QUALIFICATIONS-- tr ei a= r t LIMITATIONS.--e mw d m 21a en o LIMITATIONS.-- d A.m :

Tob qualifye ford appointments toº theo commission,t an r= .213905.5 s k m e 22- c6 - e a n e d r ce 23l personu shall:[ A d HJC/HB 4 A.

eTo aqualify nfor bappointment 24to (1)the becommission, a qualifiedperson electorshall: registered to vote u [ in New Mexico for not less than five years;

.213905.5(1) -be 6a -qualified HJC/HBelector 4registered (2)to notvote havein changedNew politicalMexico partyfor affiliationnot withinless than five yearsyears; prior to appointment;

(2) not have changed political party affiliation within five years prior to appointment;

h B.

Before entering upon the duties of the office of g o commissioner, each commissioner shall review the State Ethics t hr g e Commission Act and other laws and rules pertaining to the i k h r commission's responsibilities and to ethics and governmental ei es 17h , t, conduct in New Mexico.

Each commissioner shall take the oath e eu ng de 18b l of office as provided in Article 20, Section 1 of the =e =e lh ]n 19d d i constitution of New Mexico.

a= = o h l r] b ,d i 20a º e C.

During a commissioner's tenure, a commissioner r i = r t e aw td shall not hold another state office or be:

m ma 21n eo d (1)m a: state employee;

rb e 22d cs º o t n = .213905.5 s k m e - 7 - e a n e d r ce 23l (2)u [ A d HJC/HB 4 (1) a candidate;state employee;

e(2) a ncandidate; b 24 (3) a lobbyist;

u(3) [ (4) a governmentlobbyist; contractor;

or(4) .213905.5 - 7 - HJC/HB 4 (5) an office holder in a politicalgovernment partycontractor; at the state or federal level.

or (5) an office holder in a political party at the state or federal level.

A commissioner shall recuse from any matter in which the commissioner is unable to make a fair and impartial decision or in which there is a reasonable doubt about whether h the commissioner can make a fair and impartial decision, g o including:

t hr g e i k (1) when the commissioner has a personal bias h r i s or prejudice concerning a party to the proceeding or has eh e, 17t, prejudged a disputed evidentiary fact involved in a proceeding e u g e nb dl 18e e h prior to a hearing.

For the purposes of this paragraph, n d d i = = lo ]h 19 "personal bias or prejudice" means a predisposition toward a a l r] b ,d i 20a º e person based on a previous or ongoing relationship that renders r i = r t e w d m a tn o the commissioner unable to exercise the commissioner's md m 21: e d functions impartially;

rb e 22d cs eº ro ct 23n (2)= when.213905.5 thes commissionerk hasm ae pecuniary- 8 - e a n be 24d interestr ine thel outcomeu of[ theA matter;d HJC/HB 4 functions impartially;

or(2) u [ (3) when in previous employment the .213905.5 - 8 - HJC/HB 4 commissioner servedhas asa anpecuniary attorney,interest adviser, consultant or witness in the matteroutcome inof controversy.the matter;

or (3) when in previous employment the commissioner served as an attorney, adviser, consultant or witness in the matter in controversy.

A disqualified commissioner shall not h g participate in any proceedings with reference to the matter o t hr g e from which the commissioner is disqualified or recused, and the ei ek 17h r commissioner shall be excused from that portion of any meeting ei es nh d 18 at which the matter is discussed.

=, =t, le ]u 19g e b l F.

Minutes of commission meetings shall record the ae le rh in 20d d i names of any commissioner not voting on a matter by reason of t= e= ao th l ] b ,d disqualification or recusal.

mi ma 21º e dr i = r G.

If two or more commissioners have recused rt e 22w cd em r c 23 themselves or are disqualified from participating in a e a n bo 24d proceeding,m the: remaining commissioners shall appoint temporary u [ commissioners to participate in that proceeding.

Appointmentsb .213905.5e -d 9s -º HJC/HBo 4t ofn temporary= commissioners.213905.5 shalls bek madem bye a- majority9 vote- ofe thea remainingn commissionerse ind accordancer withe thel politicalu affiliation[ andA geographicald representationHJC/HB requirements4 andthemselves theor qualificationsare setdisqualified forthfrom participating in a proceeding, the Stateremaining Ethicscommissioners Commissionshall Act.appoint temporary commissioners to participate in that proceeding.

Appointments of temporary commissioners shall be made by a majority vote of the remaining commissioners in accordance with the political affiliation and geographical representation requirements and the qualifications set forth in the State Ethics Commission Act.

(1) hire an executive director by agreement of h at least five commissioners;

and g o (2) promulgate rules necessary to implement t hr g e i k and administer the provisions of the State Ethics Commission eh er 17i s Act and enforce the applicable civil compliance provisions of eh e, nt, d 18 the laws set forth in Section 8 of the State Ethics Commission =e =u g e b l ]e 19e h Act.

an ld rd i 20= = o h B.

tl e] b ,d i a tº e (1) have jurisdiction to enforce the mr mi 21= r t e w d m a n o applicable civil compliance provisions of the laws set forth in rd em 22: c e r c 23 Section 8 of the State Ethics Commission Act;

b e ad s º o t n b= 24.213905.5 (2)s receivek andm investigatee complaints- that10 - e a n e d r e l u [ allegeA ad violationHJC/HB 4 Section 8 of athe lawState underEthics itsCommission jurisdiction;Act;

.213905.5(2) -receive 10and -investigate HJC/HBcomplaints 4that (3)allege hold hearings when necessary to determine whether there has been a violation of a law under its jurisdiction;

(3) hold hearings when necessary to determine whether there has been a violation of a law under its jurisdiction;

h C.

g o (1) request the general counsel to investigate t hr g e an alleged violation upon information received and agreement of ei ek 17h r at least five of the commissioners voting on the issue;

ei es nh d, 18t, (2) issue advisory opinions;

=e =u lg ]e 19b l (3) draft a proposed code of ethics for state ae le rh in 20d d i officers and state employees and submit the proposed code to t= e= o h l ] b ,d i a tº e state officers and state agencies for adoption;

mr mi 21= r t e w d (4) compile, adopt, publish and make available rm e 22 c e r c 23 to state officers, state employees, government contractors and e a n bo 24d lobbyistsm an: ethics guide that clearly explains ethics u [ requirements set forth in state law;

andb e d s º o t n = .213905.5 s k m e - 11 - HJC/HBe 4a (5)n offere annuald ethicsr traininge l u [ A d HJC/HB 4 to state officers, state employees, government contractors and lobbyists.lobbyists an ethics guide that clearly explains ethics requirements set forth in state law;

and (5) offer annual ethics training to state officers, state employees, government contractors and lobbyists.

and (3) appointed, retained and reappointed solely h on the grounds of fitness to perform the duties of the g o position.

t hr g e i k B.

The director may only be removed by the eh er 17i s commission for cause and with the concurrence of a majority of eh e, nt, d 18 commissioners.

=e =u g e b l ]e 19e h C.

Following appointment, the director shall take an ld rd i 20= = o h the oath of office as provided in Article 20, Section 1 of the tl e] b ,d i a tº e constitution of New Mexico.

mr mi 21= r t e w d m a n o D.

rd em 22: c e r c 23 (1) prepare an annual budget and submit it to e a n b 24 the commission for approval;

ub [e (2)d makes recommendationsº too thet commissionn = .213905.5 s k m e - 12 - e a n e d r e l u [ A d HJC/HB 4 regarding(1) proposedprepare rulesan toannual improvebudget administrationand ofsubmit theit Stateto Ethicsthe Commissioncommission Act;for approval;

(2) make recommendations to the commission regarding proposed rules to improve administration of the State Ethics Commission Act;

h (1) appoint hearing officers and employ g o additional personnel needed to perform the duties of the t hr g e commission;

and ei ek 17h r (2) enter into contracts and agreements on ei es nh d, 18t, behalf of the commission.

=e =u lg ]e 19b l F.

The director shall not seek or hold an office in ae le rh in 20d d i a political party or in a political party that has not been t= e= o h l ] b ,d i a tº e qualified in accordance with the provisions of the Election mr mi 21= r t e w d Code.

rm ea 22n co ed rm c: 23 G.

Ab directore whod choosess toº seeko ort holdn an= office.213905.5 es ak nm be 24- described13 in- Subsectione Fa ofn thise sectiond shallr resigne froml the u [ commissionA ord beHJC/HB deemed4 toG. have resigned.

.213905.5A -director 13who -chooses HJC/HBto 4seek SECTIONor 8.hold an office described in Subsection F of this section shall resign from the commission or be deemed to have resigned.

SECTION 8.

h (7) Procurement Code;

and g o (8) State Ethics Commission Act.

t hr g e i k B.

All complaints filed with a state agency eh er 17i s regarding the statutes listed in Subsection A of this section eh e, nt, d 18 shall be forwarded to the commission.

=e =u g e b l ]e 19e h C.

The commission may choose to act on some or all an ld rd i 20= = o h aspects of a complaint and forward other aspects of a complaint tl e] b ,d i a tº e to another state or federal agency with jurisdiction over the mr mi 21= r t e w d m a n o matter in accordance with Subsection E of this section.

rd em 22: c e r c 23 D.

Ifb thee commissiond decidess notº too actt on a e a n b= 24.213905.5 complaint,s whetherk them complainte was filed with the commission u [ or forwarded from another state agency, or decides only to act .213905.5 - 14 - HJC/HBe 4 on part of a complaint,n thee commissiond shallr promptlye forwardl theu complaint,[ orA anyd partHJC/HB of4 aD. complaint on which it does not wish to act, to the state agency that has appropriate jurisdiction within ten days of the decision.

TheIf complainantthe andcommission respondentdecides shallnot beto notifiedact inon writinga whencomplaint, whether the complainant'scomplaint requestwas hasfiled beenwith the commission or forwarded tofrom another agencystate unlessagency, otherwiseor provideddecides pursuantonly to Subsectionact Hon part of Sectiona 10complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the Statestate Ethicsagency Commissionthat Act.has appropriate jurisdiction within ten days of the decision.

The complainant and respondent shall be notified in writing when the complainant's request has been forwarded to another agency unless otherwise provided pursuant to Subsection H of Section of the State Ethics Commission Act.

The commission may also investigate a complaint h u referred to the commission by the legislature, or a legislative » r t h g e committee, in accordance with an agreement entered into el ei 17h r pursuant to policies of the New Mexico legislative council or ei es nh d, 18 rules of the house of representatives or senate.

=e =h lt ]u 19g e b l F.

The commission may file a court action to ae le r, igh 20n d d i enforce the civil compliance provisions of an act listed in t= e= ao th l ] b ,d Subsection A of this section.

The court action shall be filed mi ma 21º r e r = t e w d in the district court in the county where the respondent rm ea 22n co ed rm c: 23 resides.

b r e t º o t n = .213905.5 s k m e - 15 - e a n be 24d SECTIONr 9.e l u [ A d HJC/HB 4 resides.

[NEWSECTION MATERIAL9. ] ADVISORY OPINIONS.-- u [ A.

The[NEW commissionMATERIAL may] issueADVISORY advisoryOPINIONS.-- opinionsA. on .213905.5 - 15 - HJC/HB 4 issues related to the laws listed in Section 8 of the State Ethics Commission Act.

The commission may issue advisory opinions on issues related to the laws listed in Section 8 of the State Ethics Commission Act.

If the advisory opinion is not published on or before the thirtieth h day following the request, the commission shall notify the g o requester in writing regarding the reason for the delay.

The t hr g e i k commission shall continue to notify the requester in writing eh er 17i s every thirty days until the advisory opinion is published;

eh e, nt, d 18 provided that the advisory opinion shall be published no later =e =u g e b l ]e 19e h than one hundred eighty days following the request.

an ld rd i 20= = o h D.

Advisory opinions shall be published on the tl e] b ,d i a tº e commission's website.

The commission shall redact the mr mi 21= r t e w d m a n o requester's name and identifying information from the published rd em 22: c e r c 23 advisory opinion.

b e d s º o t n = .213905.5 s k m e - 16 - e a n be 24d E.r e l u [ A d HJC/HB 4 advisory opinion.

UnlessE. amended or revoked, an advisory opinion u [ published by the commission shall be binding on the commission .213905.5 - 16 - HJC/HB 4 in subsequent proceedings concerning a person who acted in good faith and in reasonable reliance on the advisory opinion.

Unless amended or revoked, an advisory opinion published by the commission shall be binding on the commission in subsequent proceedings concerning a person who acted in good faith and in reasonable reliance on the advisory opinion.

h (3) state employee;

g o (4) government contractor;

t hr g e (5) restricted donor, lobbyist or lobbyist's ei ek 17h r employer;

or ei es nh d, 18t, (6) person appointed to a board or commission =e =u lg ]e 19b l of the state.

ae le rh in 20d d i B.

The complaint shall set forth in detail the t= e= o h l ] b ,d i a tº e specific allegations against the respondent and the facts that mr mi 21= r t e w d support the allegations.

The complainant shall submit any rm e 22 c e r c 23 available evidence that supports the complaint, including e a n bo 24d documents,m records,: names of witnesses and other evidence.

Theb ue [d complaints shallº beo int writing,n signed= and.213905.5 sworns byk them .213905.5e - 17 - e a n e d r e l u [ A d HJC/HB 4 complainantavailable evidence that supports the complaint, including documents, records, names of witnesses and notarized.other evidence.

The complaint shall be in writing, signed and sworn by the complainant and notarized.

The general counsel shall conduct an h investigation to determine whether the complaint is frivolous u » r or unsubstantiated.

If the general counsel determines that the t h g e complaint is frivolous or unsubstantiated, the complaint shall el ei 17h r i s be dismissed and the complainant and respondent shall be eh , e nh d 18 notified in writing of the decision and reasons for the =t =u lg ]e 19b l dismissal.

The commission shall not make public a complaint ae le r, gh n d d i 20= = o h that has been dismissed pursuant to this subsection or the tl e] b ,d i a tº r reasons for the dismissal unless requested by the respondent or me mr 21= t e w d complainant.

rm ea 22n co ed rm c: 23 F.

Ifb ther generale counselt andº theo respondentt reach e a n b= 24.213905.5 as settlementk onm thee matters of the complaint, the settlement u [ shall be submitted to the commission for its approval, and if .213905.5 - 18 - HJC/HBe 4a then mattere hasd beenr resolvede tol theu satisfaction[ ofA thed commission,HJC/HB the4 complaintF. and terms of the settlement shall be subject to public disclosure.

If the general counsel and the respondent reach a settlement on the matters of the complaint, the settlement shall be submitted to the commission for its approval, and if the matter has been resolved to the satisfaction of the commission, the complaint and terms of the settlement shall be subject to public disclosure.

HAFCº The notification, complaint, specific allegations to be investigated and any response to the complaint shall be made public .»HAFC H.

Notwithstanding the provisions of Subsections C and G of this section, the general counsel may delay notifying h a respondent HAFCº and releasing to the public the complaint and g o related information required by Subsection G of this t hr g e i k section»HAFC if it is deemed necessary to protect the integrity h r i s of a criminal investigation.

A decision whether to delay h , t, notifying a respondent shall be taken by a majority vote of the e u g e b l hearing panel and shall be documented in writing with e e h n d d i = = o h reasonable specificity.

l ] b ,d i a º e I.

As part of an investigation, the general counsel er i = r t e 17w d may administer oaths, interview witnesses and examine books, em ea n o d 18m records,: documents and other evidence reasonably related to the = = l ] 19 complaint.

Allb testimonye ind ans investigationº shallo bet undern = .213905.5 s k m e - 19 - e a ln re id 20r oath,e andl theu respondent[ hasA thed rightHJC/HB to4 berecords, representeddocuments byand tother eevidence areasonably trelated legalto counsel.the complaint.

IfAll the general counsel determines that a m m 21 e d subpoena is necessary to obtain the testimony ofin aan personinvestigation orshall rbe eunder 22oath, cand e r c 23 the productionrespondent ofhas books, records, documents or other evidence, e a n b 24 the directorright shallto requestbe thatrepresented theby commissionlegal issuecounsel. an u [ appropriate subpoena.

.213905.5If -the 19general -counsel HJC/HBdetermines 4that J.a subpoena is necessary to obtain the testimony of a person or the production of books, records, documents or other evidence, the director shall request that the commission issue an appropriate subpoena.

J.

A subpoena shall state the general nature of the h investigation and shall describe with reasonable specificity u » r the nature of the information to be produced, the time and t h g e place where the information shall be produced and the l i h r i s consequences of failure to obey the subpoena.

If a person h , e h neglects or refuses to comply with a subpoena, the commission t u g e b l may apply to a district court for an order enforcing the e e , gh n d d i = = o h subpoena and compelling compliance.

l ] b ,d i a º r K.

A state officer or state employee who is a e r = t e 17w d respondent that is subject to a complaint alleging a violation em ea n o d 18m made: in the performance of the respondent's duties shall be = = l ] 19 entitled to representation by the risk management division of a l r i 20 the general services department.

b r e t º o t n = .213905.5 s k m e - 20 - e a tn SECTIONe 11.d r e l u [ A d HJC/HB 4 made in the performance of the respondent's duties shall be entitled to representation by the risk management division of the general services department.

[NEWSECTION MATERIAL11. ] STATUS OF INVESTIGATION-- m m 21 e d REPORTS TO COMMISSION.-- r e 22 c e r c 23 A.

If[NEW aMATERIAL hearing] hasSTATUS notOF beenINVESTIGATION-- scheduledREPORTS concerningTO eCOMMISSION.-- aA. n b 24 the disposition of a complaint within ninety days after the u [ complaint is received, the director shall report to the .213905.5 - 20 - HJC/HB 4 commission on the status of the investigation.

If a hearing has not been scheduled concerning the disposition of a complaint within ninety days after the complaint is received, the director shall report to the commission on the status of the investigation.

If the commission has not notified a respondent pursuant to the h g provisions of Subsection H of Section 10 of the State Ethics o t hr g e Commission Act, the commission shall vote on whether to notify i k h r the respondent.

A decision whether to continue to delay i s h notifying the respondent shall be taken by a majority vote of a , t, e u g e b l quorum of the commission and shall be documented in writing e e h n d d i with reasonable specificity.

e= e= 17o h l ] b ,d SECTION 12.

[NEW MATERIAL ] INVESTIGATION REPORT-- i a º e r i = r t e nw d 18 COMMISSION HEARINGS--DECISIONS AND REASONS GIVEN--DISCLOSURE OF =m = l ] 19 AN ETHICS VIOLATION.-- a ln ro id 20m A.:

Uponb receipte ofd thes generalº counsel'so t n = .213905.5 s k m e - 21 - e a tn recommendation,e thed hearingr panele shall:l u [ A d HJC/HB 4 AN ETHICS VIOLATION.-- A.

mUpon mreceipt 21of e d (1) dismiss a complaint and notify the rgeneral ecounsel's 22recommendation, c e r c 23 complainant and the respondenthearing ofpanel theshall: dismissal;

or(1) edismiss a ncomplaint band 24notify (2)the setcomplainant aand publicthe hearing,respondent asof soonthe asdismissal; u [ practicable.

.213905.5or -(2) 21set -a HJC/HBpublic 4hearing, B.as soon as practicable.

B.

An audio recording shall be made of the h hearing.

The g o parties may present evidence and testimony, compel the presence t hr g e i k of witnesses and examine and cross-examine witnesses.

h r i s D.

The hearing panel shall issue a written decision h , t, that shall include its reasons for the decision.

If the panel e u g e b l e e h finds by a preponderance of the evidence that the respondent's n d d i = = o h conduct constituted a violation, the decision may include el e] 17b ,d i a º e recommendations for disciplinary action against the respondent, er i = r t e nw d 18 and the panel may impose any fines provided for by law.

A =m = l ] 19 finding of fraudulent or willful misconduct shall require clear a ln ro id 20m and: convincing evidence.

b e d s º o t n = .213905.5 s k m e - 22 - e a tn E.e d r e l u [ A d HJC/HB 4 finding of fraudulent or willful misconduct shall require clear and convincing evidence.

TheE. complainant or respondent may appeal a m m 21 e d decision of the hearing panel within thirty days of the r e 22 c e r c 23 decision to the full commission, which shall hear the matter e a n b 24 within sixty days of notice of the appeal.

The commissioncomplainant uor [respondent shallmay upholdappeal a decision ifof therethe ishearing substantialpanel evidencewithin tothirty .213905.5days -of 22the -decision HJC/HBto 4the supportfull commission, which shall hear the decisionmatter inwithin sixty days of notice of the record.appeal.

The commission shall uphold a decision if there is substantial evidence to support the decision in the record.

h g (3) respondent's appointing authority if the o t hr g e respondent is an appointed state officer;

i k h r (4) appropriate public body if the respondent i s h is a state employee;

, t, e u g e b l (5) state agency with which the respondent has e e 17h n d d i a government contract if the respondent is a government e= e= no dh 18l ] b ,d contractor;

or =i =a lº ]e 19r i = r (6) secretary of state and the respondent's at le rw id 20m employer,a ifn any,o ifd them respondent: is a lobbyist.

b e d s º o t n = .213905.5 s k m e - 23 - e a tn H.e d r e l u [ A d HJC/HB 4 employer, if any, if the respondent is a lobbyist.

TheH. commission shall produce a quarterly report m m 21 e d subject to public inspection containing the following r e 22 c e r c 23 information:

eThe acommission nshall bproduce 24a (1)quarterly thereport numbersubject ofto complaintspublic filedinspection withcontaining and u [ referred to the commission;following information:

.213905.5(1) -the 23number -of HJC/HBcomplaints 4filed (2)with theand dispositionreferred ofto the complaints;commission;

(2) the disposition of the complaints;

Pleadings, motions, briefs and other documents or information related to the decision are public records, except for information that is confidential or protected pursuant to attorney-client h privilege, provider-patient privilege or state or federal law.

g o B.

If a complaint is determined to be frivolous, t hr g e i k unsubstantiated or outside the jurisdiction of the commission, h r i s the complainant or the respondent may release the complaint.

h , t, C.

Except as otherwise provided in the acts listed e u g e b l e e h in Section 8 of the State Ethics Commission Act, all en ed 17d i = = o h complaints, reports, files, records and communications el e] nb d,d 18i a º e collected or generated by the commission, hearing panel, =r i = lr ]t 19e w d m a n o general counsel or director that pertain to alleged violations ad lm r: i 20 shall not be disclosed by the commission or any commissioner, t e a t agent or employee of the commission, unless:

mb m 21 e d (1)s disclosureº iso necessaryt ton pursue= an.213905.5 rs k m e 22- c24 - e a n e d r ce 23l investigationu [ A d HJC/HB 4 shall not be disclosed by the commission;commission or any commissioner, agent or employee of the commission, unless:

e(1) a n b 24 (2) disclosure is requirednecessary pursuant to thepursue uan [investigation provisionsby of the Statecommission; Ethics Commission Act;

or(2) .213905.5disclosure -is 24required -pursuant HJC/HBto 4the (3)provisions theyof are offered into evidence by the commission,State respondentEthics orCommission anotherAct; party at a judicial, legislative or administrative proceeding, including a hearing before a hearing panel of the commission.

or (3) they are offered into evidence by the commission, respondent or another party at a judicial, legislative or administrative proceeding, including a hearing before a hearing panel of the commission.

[NEW MATERIAL ] CRIMINAL VIOLATIONS-- REFERRAL.--If the commission finds at any time that a respondent's conduct amounts to a criminal violation, the director shall consult with the attorney general or district attorney, and the commission may refer the matter to the h g attorney general or an appropriate district attorney.

The o t hr g e commission may provide the attorney general or district i k h r attorney with all evidence collected during the commission's i s h investigation.

Nothing in this section prevents the commission , t, e u g e 17b l from taking any action authorized by the State Ethics e e h n d 18d i Commission Act or deciding to suspend an investigation pending = = o h l ] 19b ,d resolution of any criminal charges.

i a lº e r i 20= r t e w d SECTION 15.

[NEW MATERIAL ] TIME LIMITATIONS ON tm e a tn JURISDICTION.--o md m 21: e d A.

Theb commission shall not accept or consider a r e 22d cs eº ro ct 23n complaint= unless.213905.5 thes complaintk ism filede with- the25 commission- e a n be 24d withinr thee laterl ofu two[ yearsA fromd theHJC/HB date:4 JURISDICTION.-- A.

uThe [commission (1)shall onnot whichaccept or consider a complaint unless the allegedcomplaint conductis occurred;filed with the commission within the later of two years from the date:

or(1) .213905.5on -which 25 - HJC/HB 4 (2) the alleged conduct couldoccurred; reasonably have been discovered.

or (2) the alleged conduct could reasonably have been discovered.

A complainant shall be notified in writing of the provisions of this section and shall also be notified in h writing that the complainant may refer allegations of criminal g o conduct to the attorney general or the appropriate district t hr g e i k attorney.

h r i s D.

When commission action on a complaint is h , t, suspended pursuant to the provisions of this section, the e u g e 17b l e e h respondent shall promptly be notified that a complaint has been e e n d 18d i = = o h filed and of the specific allegations in the complaint and the = = l ] 19b ,d i a º e specific violations charged in the complaint.

ar li = r it 20e w d SECTION 16.

[NEW MATERIAL ] PROHIBITED ACTIONS.-- tm e a tn A.o d m :

Ab persone shalld nots takeº oro threatent ton take= any.213905.5 ms k m 21 e d- retaliatory,26 disciplinary- ore othera adversen actione againstd r e 22l cu e[ rA cd 23HJC/HB another4 personA. who in good faith:

eA aperson nshall bnot 24take (1)or filesthreaten ato verifiedtake complaintany withretaliatory, thedisciplinary uor [other commissionadverse thataction allegesagainst aanother violation;person who in good faith:

or(1) .213905.5files -a 26verified -complaint HJC/HBwith 4 (2) provides testimony, records, documents or other information to the commission duringthat analleges investigation or at a hearing.violation;

or (2) provides testimony, records, documents or other information to the commission during an investigation or at a hearing.

Nothing in the State Ethics Commission Act precludes civil or criminal actions for libel or slander or other civil or criminal actions against a person who files a h false claim.

g o SECTION 17.

Section 1-19-32 NMSA 1978 (being Laws 1979, t hr g e Chapter 360, Section 8, as amended) is amended to read:

i k h r "1-19-32.

INSPECTION OF PUBLIC RECORDS.-- i s h , t, A.

Each of the following documents is a public e u g e 17b l record open to public inspection during regular office hours in e e h n d 18d i the office in which the document was filed or from which the = = o h l ] 19b ,d i a º e document was issued:

ar li = r it 20e w d (1) a statement of [exception ] no activity;

tm e a tn (2)o ad report of expenditures and m m: 21 e d contributions;

rb e 22d cs eº ro ct 23n (3)= an.213905.5 advisorys opinionk issuedm bye the- 27 - e a n be 24d [secretaryr of]e statel ethicsu commission;[ A d HJC/HB 4 (2) a report of expenditures and contributions;

u(3) [an (4)advisory aopinion documentissued specifiedby asthe a[secretary publicof record] instate .213905.5ethics -commission; 27 - HJC/HB 4 the Campaign Reporting Act;

(4) a document specified as a public record in the Campaign Reporting Act;

The secretary of state shall provide for electronic access to reports of expenditures and contributions h and statements of [exception ] no activity submitted g o electronically by reporting individuals.

Electronic access t hr g e i k shall include access via the internet and shall be in an easily h r i s searchable format." h , t, SECTION 18.

A new section of the Campaign Reporting Act e u g e 17b l e e h is enacted to read:

e e n d 18d i = = o h "[NEW MATERIAL] STATE ETHICS COMMISSION--JURISDICTION.-- = = l ] 19b ,d i a º e A.

a l r i 20= (1)r the state ethics commission shall have t e aw td jurisdiction to investigate and adjudicate a complaint alleging m m 21 e d a civiln violationo of(1) a provision of the Campaignstate Reportingethics Actcommission rshall ehave 22d cm e: r c 23 in accordance with the provisions of that act;

andb e ad s º o t n b= 24.213905.5 (2)s thek statem ethicse commission- shall28 share- e a n e d r e l u [ A d HJC/HB 4 jurisdiction to investigate and adjudicate complaints,a orcomplaint anyalleging .213905.5a -civil 28violation - HJC/HB 4 aspect of a complaint,provision withof the secretaryCampaign ofReporting stateAct asin formalizedaccordance throughwith athe memorandumprovisions of understanding.that act;

and (2) the state ethics commission shall share jurisdiction to investigate and adjudicate complaints, or any aspect of a complaint, with the secretary of state as formalized through a memorandum of understanding.

A new section of the Voter Action Act is h g enacted to read:

o t hr g e "[NEW MATERIAL]MATERIAL ] STATE ETHICS COMMISSION--JURISDICTION.-- i k h r A.

i s h (1) the state ethics commission shall have , t, e u g e 17b l jurisdiction to investigate and adjudicate a complaint alleging e e h n d 18d i a civil violation of a provision of the Voter Action Act in = = o h l ] 19b ,d accordance with the provisions of that act;

and i a lº e r i 20= (2)r the state ethics commission shall share t e aw t jurisdiction to investigate and adjudicate complaints, or any m m 21 e d aspect(2) of a complaint, with the secretary of state asethics rcommission eshall 22share cm ea rn co 23d formalizedm through: a memorandum of understanding.

Theb e ad s º o t n b= 24.213905.5 secretarys ofk statem shalle forward- complaints29 it- receivese ua [n alleginge violationsd ofr thee Voterl Actionu Act[ toA thed stateHJC/HB ethics4 .213905.5jurisdiction -to 29investigate -and HJC/HBadjudicate 4complaints, commissionor inany accordanceaspect of a complaint, with the secretary of state as formalized through a memorandum of understanding.

The secretary of state shall forward complaints it receives alleging violations of the Voter Action Act to the state ethics commission in accordance with the memorandum of understanding.

"[NEW MATERIAL]MATERIAL ] STATE ETHICS COMMISSION--JURISDICTION.-- A.

(1) the state ethics commission shall have h jurisdiction to investigate and adjudicate a complaint alleging g o a civil violation of a provision of the Lobbyist Regulation Act t hr g e i k in accordance with the provisions of that act;

and h r i s (2) the state ethics commission shall share h , t, jurisdiction to investigate and adjudicate complaints, or any e u g e 17b l e e h aspect of a complaint, with the secretary of state as e e n d 18d i = = o h formalized through a memorandum of understanding.

The = = l ] 19b ,d i a º e secretary of state shall forward complaints it receives ar li = r it 20e w d m a n o alleging violations of the Lobbyist Regulation Act to the state td e a t ethics commission in accordance with the memorandum of m m: 21 e d understanding.

rb e 22d cs º o t n = .213905.5 s k m e - 30 - e a n e d r ce 23l B.u [ A d HJC/HB 4 ethics commission in accordance with the memorandum of understanding.

TheB. state ethics commission and the secretary of e a n b 24 state shall make recommendations to the second session of the u [ fifty-fourth legislature on any changes to the Lobbyist .213905.5 - 30 - HJC/HB 4 Regulation Act necessary for the efficient administration and enforcement of the provisions of that act." SECTION 21.

The state ethics commission and the secretary of state shall make recommendations to the second session of the fifty-fourth legislature on any changes to the Lobbyist Regulation Act necessary for the efficient administration and enforcement of the provisions of that act." SECTION 21.

investigate complaints from another member of h the legislature or a member of the public alleging misconduct g o of a legislator;

t hr g e C.

investigate referrals made to the [co-chairmen ] i k h r co-chairs of the New Mexico legislative council from the state i s h , t, ethics commission, attorney general, the secretary of state or e u g e 17b l a district attorney;

e e h n d 18d i D.

hire special counsel or independent hearing = = o h l ] 19b ,d i a º e officers as necessary;

and ar li = r it 20e w d E.

make recommendations to the respective houses by tm e a tn theo endd of the first full week of the next convened regular m m: 21 e d session regarding proposed sanctions for ethical misconduct." r e 22 c e r c 23 SECTION 22.

Sectionb 10-16-11e NMSAd 1978s (beingº Lawso 1967,t n = .213905.5 s k m e - 31 - e a n be 24d Chapterr 306,e Sectionl 11,u as[ amended)A isd amendedHJC/HB to4 read:the end of the first full week of the next convened regular session regarding proposed sanctions for ethical misconduct." SECTION 22.

uSection [10-16-11 "10-16-11.NMSA 1978 (being Laws 1967, Chapter 306, Section 11, as amended) is amended to read:

CODES"10-16-11. OF CONDUCT.-- .213905.5 - 31 - HJC/HB 4 A.

CODES OF CONDUCT.-- A.

All new public officers and employees of the executive and h legislative branches shall review the employees' general code g o of conduct prior to or at the time of being hired.

t hr g e i k C.

The head of every executive and legislative h r i s agency and institution of the state may draft a separate code h , t, of conduct for all public officers and employees in that agency e u g e 17b l e e h or institution.

The separate agency code of conduct shall e e n d 18d i = = o h prescribe standards, in addition to those set forth in the = = l ] 19b ,d i a º e Governmental Conduct Act and the general codes of conduct for a l r i 20= allr executivet ande legislativew branchd publicm officers and t e a tn employees,o thatall areexecutive peculiar and appropriatelegislative tobranch thepublic functionofficers mand m 21 e d andm purpose: for which the agency or institution was created or r e 22 c e r c 23 exists.

Theb separatee codes,d upons approvalº ofo thet responsible e a n b= 24.213905.5 executives branchk publicm officere for- executive32 branch- publice ua [n officerse andd employeesr ore thel Newu Mexico[ legislativeA councild .213905.5 - 32 - HJC/HB 4 foremployees, legislativethat branchare employees,peculiar governand theappropriate conductto of the publicfunction officers and employeespurpose offor thatwhich the agency or institution and,was exceptcreated for those public officers and employees removable only by impeachment, shall, if violated, constitute cause for dismissal, demotion or suspension.exists.

The separate codes, upon approval of the responsible executive branch public officer for executive branch public officers and employees or the New Mexico legislative council for legislative branch employees, govern the conduct of the public officers and employees of that agency or institution and, except for those public officers and employees removable only by impeachment, shall, if violated, constitute cause for dismissal, demotion or suspension.

h u E.

All legislators shall attend a minimum of two » r t h g e hours of ethics continuing education and training developed and l i h r provided, in consultation with the director of the legislative i s h , council service, by the state ethics commission or a national e h t u g e 17b l state legislative organization of which the state is a member, e e , gh n d 18d i approved by the director, biennially." = = o h l ] 19b ,d SECTION 23.

Section 10-16-13.1 NMSA 1978 (being Laws i a lº r ie 20r = t e w d 1993, Chapter 46, Section 35) is amended to read:

tm e a tn "10-16-13.1.o d m :

EDUCATIONb ANDr VOLUNTARYe COMPLIANCE.--t mº o t n = .213905.5 s k m 21e - 33 - e a n e d A.r e l u [ A d HJC/HB 4 "10-16-13.1.

TheEDUCATION [secretaryAND ofVOLUNTARY ]COMPLIANCE.-- stateA. ethics commission shall r e 22 c e r c 23 advise and seek to educate all persons required to perform e a n b 24 duties under the Governmental Conduct Act of those duties.

uThe [[secretary Thisof] includesstate advisingethics allcommission thoseshall personsadvise atand leastseek annuallyto ofeducate .213905.5all -persons 33required -to HJC/HBperform 4duties thatunder act'sthe ethicalGovernmental principles.Conduct Act of those duties.

This includes advising all those persons at least annually of that act's ethical principles.

The [secretary ofof] ] state ethics commission shall seek first to ensure voluntary compliance with the provisions of the Governmental Conduct Act.

ENFORCEMENT PROCEDURES.-- h A.

The [secretary ofof] ] state ethics commission may g o [refer] investigate suspected violations of the Governmental t hr g e i k Conduct Act and forward its findings and evidence to the h r i s attorney general, district attorney or appropriate state agency h , t, or legislative body for enforcement.

If a suspected violation e u g e 17b l e e h involves the office of the [secretary of ] state ethics e e n d 18d i = = o h commission, the attorney general may enforce that act.

If a = = l ] 19b ,d i a º e suspected violation involves the office of the attorney ar li = r it 20e w d m a n o general, a district attorney may enforce that act.

td em a: t B.

Violationb ofe thed provisionss ofº theo Governmentalt mn m= 21.213905.5 es dk Conductm Acte by- any34 legislator- ise groundsa forn disciplinee byd the r e 22l cu e[ rA cd 23HJC/HB appropriate4 legislativeB. body.

eViolation aof nthe bprovisions 24of C.the Governmental Conduct Act by any legislator is grounds for discipline by the appropriate legislative body.

IfC. the [attorney general ] state ethics u [ commission determines that there is sufficient cause to file a .213905.5 - 34 - HJC/HB 4 complaint against a public officer removable only by impeachment, [he ] the commission shall refer the matter to the house of representatives of the legislature.

If the [attorney general ] state ethics commission determines that there is sufficient cause to file a complaint against a public officer removable only by impeachment, [he ] the commission shall refer the matter to the house of representatives of the legislature.

h D.

Violation of the provisions of the Governmental g o Conduct Act by any public officer or employee, other than those t hr g e covered by Subsection C of this section, is grounds for i k h r discipline, including dismissal, demotion or suspension.

i s h , t, Complaints against executive branch employees may be filed with e u g e 17b l the agency head and reviewed pursuant to the procedures e e h n d 18d i provided in the Personnel Act.

Complaints against legislative = = o h l ] 19b ,d i a º e branch employees may be filed with and reviewed pursuant to ar li = r it 20e w d procedures adopted by the New Mexico legislative council.

tm e a tn Complaintso againstd judicial branch employees may be filed and m m: 21 e d reviewed pursuant to the procedures provided in the judicial r e 22 c e r c 23 personnel rules.

Complaintsb againste stated employeess mayº alsoo et a n b= 24.213905.5 bes filedk withm thee state- ethics35 commission,- whiche shalla n e d r e l u [ determineA whetherd toHJC/HB forward4 aComplaints complaintagainst tojudicial thebranch appropriateemployees .213905.5may -be 35filed -and HJC/HBreviewed 4pursuant stateto agencythe orprocedures investigateprovided in the complaintjudicial onpersonnel itsrules. own.

Complaints against state employees may also be filed with the state ethics commission, which shall determine whether to forward a complaint to the appropriate state agency or investigate the complaint on its own.

Section 10-16-18 NMSA 1978 (being Laws 1995, h Chapter 153, Section 23) is amended to read:

g o "10-16-18.

ENFORCEMENT--CIVIL PENALTIES.-- t hr g e i k A.

If the [secretary of ] state ethics commission h r i s reasonably believes that a person committed, or is about to h , t, commit, a violation of the Governmental Conduct Act, the e u g e 17b l e e h [secretary of]of ] state [shall] ethics commission may refer the e e n d 18d i = = o h matter to the attorney general or a district attorney for = = l ] 19b ,d i a º e enforcement.

ar li = r it 20e w d m a n o B.

The state ethics commission may institute a td e a t civil action in district court or refer a matter to the m m: 21 e d attorney general or a district attorney [may] to institute a r e 22 c e r c 23 civil action in district court if a violation has occurred or e a n b 24 to prevent a violation of any provision of the Governmental u [ Conduct Act.

Reliefb maye included as permanentº oro temporaryt n = .213905.5 s k m e - 36 - e a n e d r e l u [ A d HJC/HB 4 injunction,civil aaction restrainingin orderdistrict court or anyrefer othera appropriatematter order,to includingthe anattorney ordergeneral foror a civildistrict penaltyattorney of[may] twoto hundredinstitute fiftya dollarscivil ($250)action forin eachdistrict court if a violation nothas occurred or to exceedprevent fivea thousandviolation dollarsof ($5,000)."any SECTIONprovision 26.of the Governmental Conduct Act.

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)." SECTION 26.

h "10-16A-5.

EDUCATION AND VOLUNTARY COMPLIANCE.-- g o A.

The secretary of state shall advise and seek to t hr g e educate all persons required to perform duties under the i k h r Financial Disclosure Act of those duties.

This includes i s h , t, providing timely advance notice of the required financial e u g e 17b l disclosure statement and preparing forms that are clear and e e h n d 18d i easy to complete.

= = o h l ] 19b ,d i a º e B.

The secretary of state shall seek first to ar li = r it 20e w d ensure voluntary compliance with the provisions of the tm e a tn Financialo Disclosured Act.m :

Ab persone whod violatess thatº acto mt mn 21= e.213905.5 ds unintentionallyk orm fore good- cause37 shall- bee givena tenn days' r e 22d cr e rl cu 23[ noticeA tod correctHJC/HB the4 matterFinancial beforeDisclosure finesAct. are imposed.

eA aperson nwho bviolates 24that Referralsact tounintentionally theor state ethics commission for civilgood enforcementcause u [ of the Financial Disclosure Act shall be pursuedgiven onlyten afterdays' .213905.5notice - 37 - HJC/HB 4 efforts to securecorrect voluntarythe compliancematter withbefore thatfines actare haveimposed. failed." SECTION 28.

Referrals to the state ethics commission for civil enforcement of the Financial Disclosure Act shall be pursued only after efforts to secure voluntary compliance with that act have failed." SECTION 28.

Any person who believes that act has been violated may file a written complaint with the h [secretary of]of ] state ethics commission.

The [secretary of g o state] commission shall adopt procedures for processing t hr g e i k complaints and notifications of violations.

h r i s B.

If the [secretary of ] state ethics commission h , t, determines that a violation has occurred for which a penalty e u g e 17b l e e h should be imposed, the [secretary of state ] commission shall so e e n d 18d i = = o h notify the person charged and impose the penalty.

If the = = l ] 19b ,d i a º e person charged disputes the [secretary of state's ] commission's ar li = r it 20e w d m a n o determination, the person charged may request binding td em a: t arbitration.

mb e d s º o t n = .213905.5 s k m 21e - 38 - e a n e d C.r e l u [ A d HJC/HB 4 arbitration.

TheC. arbitration decision shall be decided by a r e 22 c e r c 23 single arbitrator selected within ten days by the person e a n b 24 against whom the penalty has been imposed from a list of five u [ arbitrators provided by the [secretary of ] state ethics .213905.5 - 38 - HJC/HB 4 commission.

The arbitration decision shall be decided by a single arbitrator selected within ten days by the person against whom the penalty has been imposed from a list of five arbitrators provided by the [secretary of ] state ethics commission.

The arbitrator may take any action the [secretary of]of ] state ethics commission is authorized to take.

h Unless otherwise provided for in this section, or by rule or g o regulation adopted by the [secretary of ] state ethics t hr g e commission, the procedures for the arbitration shall be i k h r governed by the Uniform Arbitration Act.

No arbitrator shall i s h , t, be subject to liability for actions taken pursuant to this e u g e 17b l section.

e e h n d 18d i E.

Any person who files a statement or report after = = o h l ] 19b ,d i a º e the deadline imposed by the Financial Disclosure Act or any ar li = r it 20e w d person who files a false or incomplete statement or report is t e a t liable for and shall pay to the secretary of state, at or from m m 21 e d the time initially required for the filing, fifty dollars r e 22 c e r c 23 ($50.00) per day for each regular working day after the time e a n bo 24d requiredm for: the filing of the statement or report until the u [ complete report is filed, up to a maximum of five thousand .213905.5 - 39 - HJC/HB 4 dollars ($5,000).

b e d s º o t n = .213905.5 s k m e - 39 - e a n e d r e l u [ A d HJC/HB 4 liable for and shall pay to the secretary of state, at or from the time initially required for the filing, fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the statement or report until the complete report is filed, up to a maximum of five thousand dollars ($5,000).

If the [secretary of ] state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Financial Disclosure Act, the h [secretary of state shall ] commission may refer the matter to g o the attorney general or a district attorney for enforcement.

t hr g e i k B.

The state ethics commission may institute a h r i s civil action in district court or refer a matter to the h , t, attorney general or a district attorney [may] to institute a e u g e 17b l e e h civil action in district court if a violation has occurred or e e n d 18d i = = o h to prevent a violation of any provision of the Financial = = l ] 19b ,d i a º e Disclosure Act.

Relief may include a permanent or temporary a l r i 20= injunction,r at restraininge orderw ord anym othera appropriaten order,o tinjunction, e a trestraining including an order foror aany civilother penaltyappropriate oforder, twod hundred fifty m m: 21 e d dollars ($250) for each violation not to exceed five thousand r e 22 c e r c 23 dollars ($5,000)." e a n b 24 SECTION 30.

Sectionb 10-16B-1e NMSAd 1978s (beingº Lawso 2007,t n = .213905.5 s k m e - 40 - e a n e d r e l u [ ChapterA 226,d SectionHJC/HB 1)4 isan amendedorder for a civil penalty of two hundred fifty dollars ($250) for each violation not to read:exceed five thousand dollars ($5,000)." SECTION 30.

.213905.5Section -10-16B-1 40NMSA -1978 HJC/HB(being 4Laws "10-16B-1.2007, Chapter 226, Section 1) is amended to read:

"10-16B-1.

If the state ethics commission determines that a h violation has occurred, the commission shall refer the matter g o to the attorney general for criminal prosecution." t hr g e SECTION 32.

Section 13-1-177 NMSA 1978 (being Laws 1984, i k h r i s Chapter 65, Section 150, as amended) is amended to read:

h , t, "13-1-177.

AUTHORITY TO SUSPEND OR DEBAR.-- e u g e 17b l A.

The state [purchasing agent or a central e e h n d 18d i purchasing office] ethics commission or a central purchasing = = o h l ] 19b ,d i a º e office of a local public body, after consultation with the ar li = r it 20e w d using agency, may suspend a person from consideration for award t e a t of contracts if the state [purchasing agent or central m m 21 e d purchasing office] ethics commission or a central purchasing r e 22 c e r c 23 office of a local public body, after reasonable investigation, e a n bo 24d findsm that: a person has engaged in conduct that constitutes u [ cause for debarment pursuant to Section 13-1-178 NMSA 1978.

b e d s º o t n = .213905.5 s k m e - 41 - e a n e d r e l u [ A d HJC/HB 4 B.of contracts if the state [purchasing agent or central purchasing office] ethics commission or a central purchasing office of a local public body, after reasonable investigation, finds that a person has engaged in conduct that constitutes cause for debarment pursuant to Section 13-1-178 NMSA 1978.

B.

The state [purchasing agent or a central purchasing office] ethics commission or local public body, after reasonable notice to the person involved, shall have h authority to [recommend to the governing authority of a state u » r agency or a local public body the debarment of] debar a person t h g e for cause from consideration for award of contracts, other than l i h r i s contracts for professional services.

The debarment shall not h , e h be for a period of more than three years.

The authority to et u g e 17b l debar shall be exercised by the [governing authority of a state e e , gh n d 18d i = = o h agency or a] local public body or the state ethics commission = = l ] 19b ,d i a º r in accordance with rules that shall provide for reasonable ae l r i= 20t e w d notice and a fair hearing prior to debarment.

tm e a tn D.o d m :

Asb usedr in this section, the terms "person", m m 21 e dt "bidder",º "offeror"o andt "contractor"n include= principals,.213905.5 rs ek 22m c e r- c42 23- officers, directors, owners, partners and managers of the e a n be 24d person,r bidder,e offerorl or contractor." u [ SECTIONA 33.d HJC/HB 4 D.

SectionAs 13-1-178used NMSAin 1978this (beingsection, Lawsthe 1984,terms .213905.5"person", -"bidder", 42"offeror" -and HJC/HB"contractor" 4include Chapterprincipals, 65,officers, Sectiondirectors, 151,owners, aspartners amended)and ismanagers amendedof tothe read:person, bidder, offeror or contractor." SECTION 33.

Section 13-1-178 NMSA 1978 (being Laws 1984, Chapter 65, Section 151, as amended) is amended to read:

(2) civil judgment against a bidder, offeror h u » r or contractor for a civil violation related to obtaining t h g e unlawfully or attempting to obtain a public or private contract l i h r or subcontract, or related to the unlawful performance of such i s h , contract or subcontract;

e h t u g e 17b l (3) conviction of a bidder, offeror or e e , gh n d 18d i contractor under state or federal statutes related to = = o h l ] 19b ,d embezzlement, theft, forgery, bribery, fraud, falsification or i a lº r ie 20r = t e w d destruction of records, making false statements or receiving tm e a tn stoleno propertyd orm for: violation of federal or state tax laws;

mb mr 21 e dt (4)º convictiono oft an bidder,= offeror.213905.5 ors rk m e 22- c43 - e ra cn 23e contractord underr statee orl federalu antitrust[ statutesA relatingd eHJC/HB a4 nstolen bproperty 24or tofor theviolation submission of offers;federal or state tax laws;

u(4) [ (5) criminal conviction againstof a bidder, .213905.5 - 43 - HJC/HB 4 offeror or contractor forunder anystate otheror offensefederal relatedantitrust tostatutes honesty,relating integrityto orthe businesssubmission ethics;of offers;

(5) criminal conviction against a bidder, offeror or contractor for any other offense related to honesty, integrity or business ethics;

(8) violation by a bidder, offeror or contractor of contract provisions, as set forth in this paragraph, of a character that is reasonably regarded by the state [purchasing agent or a central purchasing office ] ethics h commission or central purchasing office of a local public body g o to be so serious as to justify suspension or debarment action, t hr g e i k including:

h r i s (a) willful failure to perform in h , t, accordance with one or more contracts;

or e u g e 17b l e e h (b) a history of failure to perform or e e n d 18d i = = o h of unsatisfactory performance of one or more contracts;

= = l ] 19b ,d i a º e provided that this failure or unsatisfactory performance has ar li = r it 20e w d occurred within a reasonable time preceding the decision to tm e a tn imposeo debarment;d m :

andb provided further that failure to perform m m 21 e d ors unsatisfactoryº performanceo causedt byn acts= beyond.213905.5 thes controlk rm e 22- c44 - e ra cn 23e ofd ther contractore shalll notu be[ consideredA tod beHJC/HB a4 basisimpose for e a n b 24 debarment;

uand [provided (9)further any other cause that thefailure stateto [purchasingperform .213905.5 - 44 - HJC/HB 4 agent or aunsatisfactory centralperformance purchasingcaused officeby ]acts ethicsbeyond commissionthe orcontrol central purchasing office of athe localcontractor publicshall bodynot determines to be soconsidered serious and compelling as to affectbe responsibilitya asbasis afor contractor;debarment;

(9) any other cause that the state [purchasing agent or a central purchasing office] ethics commission or central purchasing office of a local public body determines to be so serious and compelling as to affect responsibility as a contractor;

Section 13-1-196 NMSA 1978 (being Laws 1984, h u » r Chapter 65, Section 169) is amended to read:

t h g e "13-1-196.

CIVIL PENALTY.--Any person, firm or l i h r corporation that knowingly violates any provision of the i s h , Procurement Code is subject to a civil penalty of not more than e h t u g e 17b l one thousand dollars ($1,000) for each procurement in violation e e , gh n d 18d i of any provision of the Procurement Code.

The [attorney = = o h l ] 19b ,d general or the] district attorney in the jurisdiction in which i a lº r ie 20r = t e w d the violation occurs or the state ethics commission is tm e a tn empoweredo tod bring a civil action for the enforcement of any m m: 21 e d provision of the Procurement Code;

providedb thatr thee commissiont rº eo 22t cn e= r.213905.5 cs 23k maym refere e a mattern fore enforcementd tor thee attorneyl generalu or[ eA ad nHJC/HB b4 24empowered theto districtbring attorneya incivil action for the jurisdictionenforcement inof whichany theprovision uof [the violationProcurement occurred.Code;

Anyprovided penaltythat collected under the provisionscommission .213905.5may -refer 45a -matter HJC/HBfor 4enforcement ofto thisthe sectionattorney shallgeneral beor credited to the generaldistrict fundattorney ofin the politicaljurisdiction subdivision in which the violation occurredoccurred. and on whose behalf the suit was brought." SECTION 35.

Any penalty collected under the provisions of this section shall be credited to the general fund of the political subdivision in which the violation occurred and on whose behalf the suit was brought." SECTION 35.

(1) a detailed plan for implementation of an h extension of the commission's jurisdiction and a proposed time g o line for the implementation;

t hr g e i k (2) the estimated number of additional h r i s employees and other resources needed by the commission to h , t, perform its expanded duties;

e u g e 17b l e e h (3) estimated budget increases needed for the e e n d 18d i = = o h commission to perform its expanded duties;

and = = l ] 19b ,d i a º e (4) recommended changes to existing law.

ar li = r it 20e SECTIONw d m a n o HAFCºSECTION 36.

APPROPRIATION.--One million dollars td e a t ($1,000,000) is appropriated from the general fund to the state m m: 21 e d r e 22 ethics commission for expenditure in fiscal year 2020 to carry c e r c 23 out the provisions of the State Ethics Commission Act.

Anyb e ad s º o t n b= 24.213905.5 unexpendeds ork unencumberedm balancee remaining- at46 the- ende ofa n e d r e l u [ A d HJC/HB 4 ($1,000,000) is appropriated from the general fund to the state ethics commission for expenditure in fiscal year 2020 shallto revertcarry toout the generalprovisions fund.of the State Ethics Commission Act.

.213905.5Any -unexpended 46or -unencumbered HJC/HBbalance 4remaining SECTIONat 37.the end of fiscal year 2020 shall revert to the general fund.

»HAFC SECTION HAFCº 37 36»HAFC.

The effective date of the provisions of Sections 1 through 7 andHAFCºand 3636»HAFC of this act is July 1, 2019.

The effective date of the provisions of Sections 8 through 35 of this act is January 1, 2020.

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b r e t º o t n = .213905.5 s k m e e a n e d r e l u [ A d