SB 668 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

»SJCmembers h , t, SJCº appointed by the speakerlegislatively ofappointed themembers house of representatives e u g e b l e e h and senate minority floor leader shall serve an initial term of none dyear; d i = = o h four years;

membersand appointed by the presidentmember proappointed temporeby of l ] b ,d i a º e the senategovernor and house minority floor leader shall serve an r i = r t e w d m a n o initial term of twothree years;years.

membersMembers appointedshall byserve theuntil dtheir msuccessors :are appointed and qualified.

b e d s º o t n = .215080.1 s k m e - 5 - e a n e d r e l u [ A d SEC/SB 668 legislatively appointed members shall serve an initial term of one year;

and the member appointed by the governor shall serve an initial term of three years.»SJC Members shall serve until their successors are appointed and qualified.

When any member of the commission dies, resigns SEC/SB 668 Page 4 or no longer has the qualifications required for the commissioner's original selection, the commissioner's position on the commission becomes vacant.

A vacancy on h the commission shall be filled by appointment by the original g o t hr appointing authority for the remainder of the unexpired term.

g e i k G.

The commission shall meet as necessary to carry h r i s out its duties pursuant to the State Ethics Commission Act.

h , t, Commissioners are entitled to receive per diem and mileage as e u g e b l e e h provided in the Per Diem and Mileage Act and shall receive no n d d i = = o h other compensation, perquisite or allowance.

l ] b ,d i a º e H.

Four commissioners consisting of two members of rthe ilargest =political rparty tin ethe wstate dand mtwo amembers nof o the second largest political party in the state andconstitute twoa membersquorum offor the dtransaction mof :business.

b e d s º o t n = .215080.1 s k m e - 6 - e a n e d r e l u [ A d SEC/SB 668 second largest political party in the state constitute a quorum for the transaction of business.

SEC/SB 668 Page 5 I.

[NEW MATERIAL ] COMMISSIONERS--QUALIFICATIONS-- h LIMITATIONS.-- g o A.

To qualify for appointment to the commission, a t hr g e i k person shall:

h r i s (1) be a qualified elector of New Mexico;

h , t, (2) not have changed party registration in the efive u g e b l Hflº two»Hfl Hflºfive»Hfl years next preceding the member's e e h n d d i = = o h appointment in such a manner that the member's prior party l ] b ,d i a º e registration would make the member ineligible to serve on the r i = r t e w d commission;

m(3) not continue to serve as a ncommissioner oif dthe mmember :changes party registration after the date of appointment in such a manner as to make the member ineligible to serve on the commission;

band e(4) dnot sbe, ºor owithin tthe ntwo =years .215080.1prior sto k m e - 7 - e a n e d r e l u [ A d SEC/SB 668 (3)Page not6 continueappointment toshall servenot ashave abeen, commissionerin ifNew theMexico, memberany changes party registration after the date of appointment in such a manner as to make the memberfollowing: ineligible to serve on the commission;

and (4) not be, or within the two years prior to appointment shall not have been, in New Mexico, any of the following:

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

Each commissioner shall take the oath h r i s of office as provided in Article 20, Section 1 of the h , t, constitution of New Mexico.

e u g e b l e e h C.

For a period of one calendar year following a n d d i = = o h commissioner's tenure or following the resignation or removal l ] b ,d i a º e of a commissioner, the commissioner shall not:

r i = r t e w d (1) represent a respondent, unless appearing mon athe ncommissioner's oown dbehalf; m :

b e d s º o t n = .215080.1 s k m e - 8 - e a n e d r e l u [ A d SEC/SB 668 on the commissioner's own behalf;

SEC/SB 668 Page 7 D.

A commissioner who changes political party affiliation SJCº in violation of the provisions of Subsection A of this section»SJCsection or who chooses to seek or hold an office in violation of Subsection D of this section shall resign from the h commission or be deemed to have resigned.

g o SECTION 5.

[NEW MATERIAL] COMMISSION--DUTIES AND t hr g e i k POWERS.-- h r i s A.

h , t, (1) employ an executive director, who shall be e u g e b l e e h an attorneyattorney, Hflº , upon approval of at least five ncommissioners; d d i = = o h commissioners»Hfl;

l ] b ,d i a º e (2) develop, adopt and promulgate the rules r i = r t e w d necessary for it to implement and administer the provisions of mthe aState nEthics oCommission dAct; m :

b e d s º o t n = .215080.1 s k m e - 9 - e a n e d r e l u [ A d SEC/SB 668 the State Ethics Commission Act;

(1) receive and investigate complaints SEC/SB 668 Page 8 alleging ethics violations against public officials, public employees, candidates, persons subject to the Campaign Reporting Act, government contractors, lobbyists and lobbyists' employers;

(4) draft a proposed code of ethics for public officials and public employees and submit the proposed code to h each elected public official and public agency for adoption;

g o and t hr g e i k (5) submit an annual report of its activities, h r i s including any recommendations regarding state ethics laws or h , t, the scope of its powers and duties, in December of each year to e u g e b l e e h the legislature and the governor.

n d d i = = o h C.

l ] b ,d i a º e (1) HJCº by approval of at least five rcommissioners, iinitiate =complaints ralleging tethics eviolations wagainst da mpublic aofficial, npublic oemployee, commissioners,candidate, »HJCperson initiatesubject complaintsto allegingthe ethicsCampaign dReporting mAct, :government contractor, lobbyist or lobbyist's employer;

b(2) epetition da sdistrict ºcourt oto tissue nSEC/SB =668 .215080.1Page s9 ksubpoenas munder eseal -requiring 10the -attendance eof awitnesses nand ethe dproduction rof ebooks, lrecords, udocuments [or Aother devidence SEC/SBrelevant 668or violationsmaterial against a public official, public employee, candidate, person subject to thean Campaigninvestigation; Reporting Act, government contractor, lobbyist or lobbyist's employer;

(2) petition a district court to issue subpoenas under seal requiring the attendance of witnesses and the production of books, records, documents or other evidence relevant or material to an investigation;

and (5) offer annual ethics training to public officials, public employees, government contractors, lobbyists h and other interested persons.

g o SECTION 6.

[NEW MATERIAL ] EXECUTIVE DIRECTOR--DIRECTOR--APPOINTMENT--DUTIES t hr g e i k APPOINTMENT--DUTIES AND POWERS.-- h r i s A.

The commission shall appoint an executive h , t, director who shall be knowledgeable about state ethics laws and e u g e b l who shall be appointed without reference to party affiliation e e h n d d i = = o h and solely on the grounds of fitness to perform the duties of l ] b ,d i a º e the office.

The director shall hold office from the date of r i = r t e w d appointment until such time as the director is removed by the mcommission. a n o d m :

b e d s º o t n = .215080.1 s k m e - 11 - e a n e d r e l u [ A d SEC/SB 668 commission.

(1) take the oath of office required by SEC/SB 668 Page 10 Article 20, Section 1 of the constitution of New Mexico;

HJCº (2) performhire investigationsa ongeneral behalfcounsel ofwho themay commission;serve for no more than five years, unless rehired for up to an additional five years;

(3) bring complaints and investigation results before the commission for consideration;»HJC HJCº (4) (2)»HJC hire aadditional generalpersonnel counselas who may servebe fornecessary noto morecarry thanout fivethe years,duties unlessof rehiredthe forcommission; up to an additional five years;

HJCº(5)(4) (3)»HJCprepare hirean additionalannual personnelbudget asfor maythe becommission necessaryand tosubmit carryit outto the dutiescommission offor theapproval; commission;

HJCº(6)(5) (4)»HJCmake preparerecommendations anto annualthe budgetcommission forof theproposed commissionrules andor submitlegislative itchanges needed to provide better administration of the commissionState forEthics approval;Commission Act;

HJCº(7)(6) (5)»HJCperform makeother recommendationsduties toas theassigned hby commission of g o t hr proposed rules or legislative changes needed to provide better g e i k administration of the Statecommission; Ethics Commission Act;

hand r(7) ibe srequired HJCºto (8)reapply (6)»HJCfor performthe otherposition dutiesafter assix hyears ,of t,service eand umay gserve assignedas bydirector thefor commission;no more than twelve years.

andC. e b l e e h HJCº(9) (7)»HJC be required to reapply for the n d d i = = o h position after six years of service and may serve as director l ] b ,d i a º e for no more than twelve years.

r i = r t e w d m a n o C.

d(1) menter :into contracts and agreements on behalf of the commission;

band e(2) dhave sthe ºgeneral ocounsel tadminister noaths =and .215080.1take sdepositions ksubject mto ethe -Rules 12of -Civil eProcedure afor n e d r e l u [ A d SEC/SB 668 (1) enter into contracts and agreements on behalf of the commission;District Courts.

and (2) HJCºhave the general counsel»HJC administer oaths and take depositions subject to the Rules of Civil Procedure for the District Courts.

SEC/SB 668 Page 11 (1) represent a respondent, unless appearing on the director's own behalf;

[NEW MATERIAL ] RECUSAL AND DISQUALIFICATION OF A COMMISSIONER.-- A.

A commissioner may recuse from a particular h matter.

g o B.

A commissioner shall recuse from any matter in t hr g e i k which the commissioner is unable to make a fair and impartial h r i s decision or in which there is a reasonable doubt about whether h , t, the commissioner can make a fair and impartial decision, e u g e b l e e h including:

n d d i = = o h (1) when the commissioner has a personal bias l ] b ,d i a º e or prejudice concerning a party to the proceeding or has r i = r t e w d prejudged a disputed evidentiary fact involved in a proceeding mprior to a nhearing. o d m :

b e d s º o t n = .215080.1 s k m e - 13 - e a n e d r e l u [ A d SEC/SB 668 prior to a hearing.

or SEC/SB 668 Page 12 (3) when in previous employment the commissioner served as an attorney, adviser, consultant or witness in the matter in controversy.

h D.

A party may appeal a commissioner's refusal to u » r recuse, or if the propriety of a commissioner's participation t h g e in a particular matter is otherwise questioned, the issue shall l i h r i s be decided by a majority of the other commissioners present and h , e h voting.

t u g e b l E.

A disqualified commissioner shall not e e , gh n d d i = = o h participate in any proceedings with reference to the matter l ] b ,d i a º r from which the commissioner is disqualified or recused, and the e r = t e w d commissioner shall be excused from that portion of any meeting mat awhich nthe omatter dis mdiscussed. :

b r e t º o t n = .215080.1 s k m e - 14 - e a n e d r e l u [ A d SEC/SB 668 at which the matter is discussed.

If two or more commissioners have recused themselves or are disqualified from participating in a proceeding, the remaining commissioners shall appoint SEC/SB 668 Page 13 temporary commissioners to participate in that proceeding.

h SECTION 8.

[NEW MATERIAL ] ADVISORY OPINIONS.-- g o A.

The commission may issue advisory opinions on t hr g e i k matters related to ethics.

h r i s (1) be requested in writing by a public h , t, official, public employee, candidate, person subject to the e u g e b l Campaign Reporting Act, government contractor, lobbyist or e e h n d d i = = o h lobbyist's employer;

l ] b ,d i a º e (2) identify a specific set of circumstances r i = r t e w d involving an ethics issue;

m(3) be issued within sixty days of receipt of the request unless the commission notifies the requester of a ndelay oin dissuance mand :continues to notify the requester every thirty days until the advisory opinion is issued;

b e d s º o t n = .215080.1 s k m e - 15 - e a n e d r e l u [ A d SEC/SB 668 (3) be issued within sixty days of receipt of the request unless the commission notifies the requester of a delay in issuance and continues to notify the requester every thirty days until the advisory opinion is issued;

SEC/SB 668 Page 14 B.

[NEW MATERIAL ] COMMISSION JURISDICTION--JURISDICTION--COMPLIANCE COMPLIANCE PROVISIONS.-- A.

The commission has jurisdiction to enforce the h applicable civil compliance provisions for public officials, g o public employees, candidates, persons subject to the Campaign t hr g e i k Reporting Act, government contractors, lobbyists and lobbyists' h r i s employers of:

h , t, (1) the Campaign Reporting Act;

e u g e b l e e h (2) the Financial Disclosure Act;

n d d i = = o h (3) the Gift Act;

l ] b ,d i a º e (4) the Lobbyist Regulation Act;

r i = r t e w d m a n o (5) the Voter Action Act;

d(6) mthe :Governmental Conduct Act;

b e d s º o t n = .215080.1 s k m e - 16 - e a n e d r e l u [ A d SEC/SB 668 (6) the Governmental Conduct Act;

HflºHJCºand»HJC»Hfl (8) the State Ethics Commission ActAct; Hflº ;

and»Hfland HflºHJC;(9) Article 9, Section 14 of the constitution of New Mexico.

(9)B. Article 9, Section 14 of the constitution of New Mexico;

(10)All complaints filed with a public agency SEC/SB 668 Page 15 regarding the Openstatutes Meetingslisted Act;in Subsection A of this section shall be forwarded to the commission.

(11)C. the Inspection of Public Records Act;

andThe (12)commission themay Schoolchoose Districtto Campaignact Reportingon Act.»HJCsome HJCº.»HJC»Hflor Hflº(9)all Articleaspects 9,of Sectiona 14complaint and forward other aspects of a complaint to another state or federal agency with jurisdiction over the constitutionmatter ofin Newaccordance Mexicowith HflºSubsection ;E of this section.

(10)D. the Open Meetings Act;

(11)If the Inspectioncommission decides not to act on a complaint, whether the complaint was filed with the commission or forwarded from another public agency, or decides only to act on part of Publica Recordscomplaint, Act;the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that has appropriate jurisdiction within ten days of the decision.

The complainant and (12)respondent shall be notified in writing when the Schoolcomplainant's Districtrequest Campaignhas Reportingbeen Act.»Hfl»Hflforwarded Hflº.»Hflto hanother B.agency unless otherwise provided pursuant to Subsection H of Section 10 of the State Ethics Commission Act.

All complaints filed with a public agency g o t hr regarding the statutes listed in Subsection A of this section g e i k shall be forwarded to the commission.

h r i s C.

The commission may choose to act on some or all h , t, e u g aspects of a complaint and forward other aspects of a complaint e b l e e h to another state or federal agency with jurisdiction over the n d d i = = o h matter in accordance with Subsection E of this section.

l ] b ,d i a º e D.

If the commission decides not to act on a r i = r t e w d m a n o complaint, whether the complaint was filed with the commission d m :

b e d s º o t n = .215080.1 s k m e - 17 - e a n e d r e l u [ A d SEC/SB 668 or forwarded from another public agency, or decides only to act on part of a complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that 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 HJCºmay shall»HJC HJCºmay»HJC share jurisdiction with other public agencies having authority to act on a complaint or any aspect of a complaint.

The commission may also investigate a complaint SEC/SB 668 Page 16 referred to the commission by the legislature, or a h legislative committee, in accordance with an agreement entered g o into pursuant to policies of the New Mexico legislative council t hr g e i k or rules of the house of representatives or senate.

h r i s F.

The commission may file a court action to h , t, enforce the civil compliance provisions of an act listed in e u g e b l e e h Subsection A of this section.

The court action shall be filed n d d i = = o h in the district court in the county where the respondent l ] b ,d i a º e resides.

r i = r t e w d m a n o SECTION 10.

[NEWCOMPLAINTS--INVESTIGATIONS--SUBPOENAS.-- MATERIALA. ] COMPLAINTS--INVESTIGATIONS– d m :

b e d s º o t n = .215080.1 s k m e - 18 - e a n e d r e l u [ A d SEC/SB 668 SUBPOENAS.-- A.

The commission shall prescribe the forms SEC/SB 668 Page 17 on which complaints are to be filed.

h C.

Except as provided in Subsection H of this g o section, the respondent shall be notified within seven days of t hr g e i k the filing of the complaint and offered an opportunity to file h r i s a response on the merits of the complaint.

h , t, D.

The director shall determine if the complaint is e u g e b l subject to referral to another state agency pursuant to an e e h n d d i = = o h agreement or outside the jurisdiction of the commission, and if l ] b ,d i a º e so, promptly refer the complaint to the appropriate agency.

If r i = r t e w d the director determines that the complaint is within the mcommission's ajurisdiction, nthe odirector dshall mhave :the general counsel initiate an investigation.

b e d s º o t n = .215080.1 s k m e - 19 - e a n e d r e l u [ A d SEC/SB 668 commission's jurisdiction, the director shall HJCºhave the general counsel»HJC initiate an investigation.

The HJCºgeneral director»HJCcounsel HJCºgeneral counsel»HJC shall conduct an investigation to determine whether the complaint is frivolous or unsubstantiated.

If the HJCºdirector»HJCgeneral HJCºgeneralcounsel counsel»HJC determines that the complaint is frivolous or unsubstantiated, the complaint shall be dismissed, and the complainant and respondent shall be notified in writing of the decision and reasons for the dismissal.

If the HJCºgeneral director»HJCcounsel HJCºgeneral counsel»HJC 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 SEC/SB 668 Page 18 the matter has been h resolved to the satisfaction of the commission, the complaint u » r and terms of the settlement shall be subject to public t h g e l i disclosure.

hG. r i s HJCºG.

If the directorgeneral counsel determines that there is h , e h probable cause, the director shall promptly notify HJCºSJCºthe t u g e b l e e , gh hearing officer,»SJC»HJC HJCºthe hearing officer,»HJC the n d d i = = o h respondent HJCºSJCºandof the complainant»SJC»HJCfinding HJCºandof theprobable lcause ] b ,d i a º r complainant»HJC that the complaint is being investigated and of e r = t e w d m a n o the specific allegations in the complaint that are being dinvestigated mand :that a public hearing will be set.

bIf rthe efinding tof ºprobable ocause tinvolves n = .215080.1 s k m e - 20 - e a ndiscriminatory epractice dor ractions eby lthe urespondent [against Athe dcomplainant, SEC/SBno 668 investigated.»HJC HJCºSJCºIf a settlement isagreement notshall be reached withinwithout forty-fiveprior days,consultation thewith director shall notify the complainantcomplainant. and the hearing officer that a public hearing will be set.

TheIn any case, the notification, complaint, specific allegations thatbeing have been investigated and any response to the complaint shall be made public.»SJC»HJCpublic HflºHJCºG.thirty days following notice to the respondent.

IfH. the general counsel determines that there is probable cause, the director shall promptly notify the respondent and complainant of the finding of probable cause and of the specific allegations in the complaint that are being investigated and that a public hearing will be set.

TheNotwithstanding notification,the complaint,provisions specificof allegationsSubsections beingC investigatedand G of this section, the director may delay notifying a respondent and anycomplainant responseand releasing to the public the complaint shalland berelated madeinformation publicrequired twentyby daysSubsection followingG noticeof this section if it is deemed necessary to protect the respondent.»HJC»Hflintegrity HflºHflºG.of a criminal investigation.

If the director determines that there h is probable cause, the director shall promptly notify the g o hearing officer, the respondent and the complainant that the t hr g e i k complaint is being investigated and of the specific allegations h r i s in the complaint that are being investigated.»Hfl»Hfl h , t, G.

Hflº If the general counsel determines that there e u g e b l e e h is probable cause, the director shall promptly notify the n d d i = = o h respondent of the finding of probable cause and of the specific l ] b ,d i a º e allegations in the complaint that are being investigated and r i = r t e w d m a n o that a public hearing will be set.

If the finding of probable d m :

b e d s º o t n = .215080.1 s k m e - 21 - e a n e d r e l u [ A d SEC/SB 668 cause involves a discriminatory practice or actions by the respondent against the complainant, no settlement agreement shall be reached without prior consultation with the complainant.

In any case, the notification, complaint, specific allegations being investigated and any response to the complaint shall be made public thirty days following notice to the respondent.»Hfl H.

Notwithstanding the provisions of Subsections C and G of this section, the director may delay notifying a respondent HJCºand complainant and releasing to the public the complaint and related information required by Subsection G of this section»HJC if it is deemed necessary to protect the integrity of a criminal investigation.

h g I.

As part of an investigation, the ogeneral tSEC/SB hr668 HJCºPage director»HJC19 HJCºgeneralcounsel counsel»HJC may administer oathsoaths, g e i k h r HJCº Sfl2º, and»Sfl2»HJC HJCº,»HJC interview witnesses i s h HJCº Sfl2ºand examine books, records, documents and other , t, e u g evidence reasonably related to the complaint»Sfl2»HJC HJCºand e b l e e h n d d i examine books, records, documents and other evidence reasonably = = o h l ] b ,d related to the complaint»HJC.complaint.

All testimony in an i a º e r i = r investigation shall be under oath, and the respondent Hflºhasmay tbe erepresented wby dlegal mcounsel. a n o d m :

bIf ethe dgeneral scounsel ºdetermines othat ta nsubpoena =is .215080.1necessary sto kobtain mthe etestimony -of 22 - e a nperson eor dthe rproduction eof lbooks, urecords, [documents Aor dother SEC/SBevidence, 668 the rightdirector to»Hflshall Hflºmay»Hflrequest bethat representedthe bycommission legalpetition counsel HJCº Sfl4ºprovided that a respondentdistrict iscourt only entitled to legalissue representationa pursuantsubpoena. to subsection K of this section»Sfl4»HJC.

If the HJCºdirector»HJC HJCºgeneral counsel»HJC determines that 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 petition a district court to issue a subpoena Hflº under seal»Hfl.

Hflº A challenge to a subpoena shall be heard by the district court in a confidential proceeding»Hfl h Hflº All proceedings in the district court prior to the g o t hr complaint being made public pursuant to Subsection G of this g e i k section, or upon entry of a settlement agreement, shall be h r i s sealed.

A case is automatically unsealed upon notice by the h , t, e u g commission to the court that the commission has made the e b l e e h complaint public»Hfl.public.

No later than July 1 of each n d d i = = o h even-numbered year, the chief justice of the supreme court l ] b ,d i a º e shall appoint an active or pro tempore district judge to r i = r t e w d m a n o consider the issuance and enforcement of subpoenas provided for din mthis :section.

bThe eSEC/SB d668 sPage º20 oappointment tshall nend =on .215080.1June s30 kof mthe enext -even-numbered 23year -after eappointment. a n e d r e l u [ A d SEC/SB 668 in this section.

The appointment shall end on June 30 of the next even-numbered year after appointment.

A HJCº Sfl5ºstate»Sfl5»HJC HJCºstate»HJC public official or state public employee who is a respondent who is subject to a complaint alleging a violation made in the performance of the respondent's duties shall be entitled to representation by the risk management division of the general services department.

[NEW MATERIAL ] STATUS OF INVESTIGATION--INVESTIGATION--REPORTS REPORTS TO COMMISSION.-- A.

Unless the commission h dismisses the complaint, the director shall report to the g o commission every ninety days thereafter on the status of the t hr g e i k investigation.

h r i s B.

Upon dismissal of a complaint or a decision to h , t, continue an investigation of a complaint, the commission shall e u g e b l e e h notify the complainant and respondent in writing of its action.

n d d i = = o h If the commission has not notified a respondent pursuant to the l ] b ,d i a º e provisions of Subsection G of Section 10 of the State Ethics r i = r t e w d m a n o Commission Act, the commission shall vote on whether to notify dthe mrespondent. :

bA edecision dwhether sto ºSEC/SB o668 tPage n21 =continue .215080.1to sdelay knotifying mthe erespondent -shall 24be -taken eby a nmajority evote dof ra equorum lof uthe [commission Aand dshall SEC/SBbe 668documented thein respondent.writing with reasonable specificity.

A decision whether to continue to delay notifying the respondent shall be taken by a majority vote of a quorum of the commission and shall be documented in writing with reasonable specificity.

[NEW MATERIAL ] INVESTIGATION REPORT--REPORT--COMMISSION COMMISSIONHEARINGS-- HEARINGS--DECISIONSDECISIONS AND REASONS GIVEN--DISCLOSURE OF AN ETHICS VIOLATION.-- A.

Upon receipt of the HJCºdirector's»HJC HJCº general counsel’s»HJCcounsel's recommendation, the HJCºcommissioncommission or»HJCor hearing officer shall:

or (2) set a SJCºpublic»SJCpublic hearing, as soon as practicable.

At any time before or during a hearing provided for in Subsection A of this section, the hearing officer may, at a public meeting, approve a disposition of a complaint h agreed to by the HJCºgeneral director»HJCcounsel HJCºgeneral counsel»HJC and g o the respondentrespondent, HJCº , as approved by the commission»HJC.commission.

t hr g e i k C.

The hearing provided for in Subsection A of this h r i s section shall be pursuant to the rules of evidence that govern h , t, proceedings in the state's courts and procedures established by e u g e b l e e h the commission.

An audio recording shall be made of the n d d i = = o h hearing.

The l ] b ,d i a º e parties may present evidence and testimony, Hflº request the r i = r t e w d m a n o director to»Hflto compel the presence of witnesses and examine dand mcross-examine :witnesses.

b e d s º o t n = .215080.1 s k m e - 25 - e a n e d r e l u [ A d SEC/SB 668 andPage cross-examine22 witnesses.D.

D.

The complainant or respondent may appeal a decision of the hearing officer within thirty days of the decision to the full commission, which shall hear the matter within sixty days of notice of the appeal Sfl7º and issue its decision within 180 days»Sfl7.days.

HJCºSfl6ºThe commission shall uphold a decision if there is substantial evidence to support the decision in the record.»Sfl6»HJC HflºHJCºThe commission h shall uphold a decision if there is substantial evidence to g o t hr support the decision in the record.»HJC»Hfl g e i k F.

HflºHJCºIfThe it is found that the respondent's h r i s conduct constituted a violation, the commission shall issue a h , t, e u g written report and provide the decision and report to e b l e e h HJCºSJCºthe complainant and »SJC»HJC the respondent»HJC n d d i = = o h HJCºThe commission shall publicly disclose a decision, lincluding ]a bdismissal ,dfollowing i a ºfinding eof rprobable icause = r including a dismissal or the terms of a settlement, issued tpursuant eto wthis dsection. m a n o d m :

bThe ecommission dshall sprovide ºthe odecision tto nthe =complainant, .215080.1the srespondent kand mthe: e - 26 - e a n e d r e l u [ A d SEC/SB 668 pursuant to this section.

The commission shall provide the decision to the complainant, the respondent»HJC»Hfl HflºHflºIf it is found that the respondent’s conduct constituted a violation, the commission shall issue a written report and provide the decision and report to the respondent»Hfl»Hfl HflºThe commission shall publicly disclose a decision, including a dismissal following a finding of probable cause or the terms of a settlement, issued pursuant to this section.

The commission shall provide the decision to the complainant, the respondent»Hfl and the:

(3) respondent's appointing authority if the SEC/SB 668 Page 23 respondent is an appointed public official;

h (4) appropriate public agency if the g o respondent is a public employee;

t hr g e (5) public agency with which the respondent i k h r has a government contract if the respondent is a government i s h , t, contractor;

HJCºand and»HJC e u g e b l (6) secretary of state and the respondent's e e h n d d i employer, if any, HJCºof»HJCif HJCºif»HJC the respondent is a =lobbyist. = o h l ] b ,d i a º e lobbyist HJCº ;

.»HJCG. r i = r t e w d HJCº (7) public education department if the m a n o d m :

b e d s º o t n = .215080.1 s k m e - 27 - e a n e d r e l u [ A d SEC/SB 668 respondent is a member of a local school board or of the governing authority of a state-chartered charter school;

or (8) local school board if the respondent is a member of the governing authority of a locally chartered charter school.»HJC G.

[NEW MATERIAL ] CONFIDENTIALITY OF RECORDS--RECORDS--PENALTY.-- PENALTY.-- A.

A decision that a respondent's conduct h constituted a violation, and the terms of a settlement approved g o t hr by the commission, are public records.

Pleadings, motions, g e i k briefs and other documents or information related to the h r i s decision are public records, except for information that is h , t, confidential or protected pursuant to attorney-client e u g e b l e e h privilege, provider-patient privilege or state or federal law.

nSEC/SB d668 dPage i24 = = o h B.

If a complaint is determined to be frivolous, l ] b ,d i a º e unsubstantiated or outside the jurisdiction of the commission, r i = r t e w d m a n o the complaint shall not be made public HflºHJCºbyby the dcommission; m :

bprovided ethat dthe scommission ºshall onot tprohibit nthe =complainant .215080.1or srespondent kfrom mreleasing ethe -commission's 28decision -or eother ainformation nconcerning ethe dcomplaint. r e l u [ A d SEC/SB 668 commission;

provided that the complainant or respondent may release the commission's decision»HJC»Hfl Hflºby the commission;

provided that the commission shall not prohibit the complainant or respondent from releasing the commission's decision or other information concerning the complaint»Hfl.

or (3) they are offered into evidence by the h g commission, respondent or another party at a judicial, o t hr legislative or administrative proceeding, including a hearing g e i k before a hearing officerofficer. HJCº of the commission in which there h r i s h is a finding of a violation»HJC.

, t, e u g D.

Information and reports containing information e b l e e h made confidential by law shall not be disclosed by the n d d i = = o h l ] b ,d commission or its director, staff or contractors.

i a º e r i = r E.

A commissioner, director, staff or contractor tSEC/SB e668 wPage d25 m a n o who knowingly discloses any confidential complaint, report, dfile, mrecord :or communication in violation of the State Ethics Commission Act is guilty of a petty misdemeanor.

b e d s º o t n = .215080.1 s k m e - 29 - e a n e d r e l u [ A d SEC/SB 668 file, record or communication in violation of the State Ethics Commission Act is guilty of a petty misdemeanor.

[NEW MATERIAL ] CRIMINAL VIOLATIONS--VIOLATIONS--REFERRAL.--If 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 an appropriate district attorney, and the commission may refer the matter to the attorney general or an appropriate district attorney.

[NEW MATERIAL ] TIME LIMITATIONS ON JURISDICTION.-- h A.

The commission shall not accept or consider a g o complaint unless the complaint is filed with the commission t hr g e i k within the later of two years from the date:

h r i s (1) on which the alleged conduct occurred;

or h , t, (2) the alleged conduct could reasonably have e u g e b l e e h been discovered.

n d d i = = o h B.

The commission shall not adjudicate a complaint l ] b ,d i a º e filed against a candidate, except pursuant to the Campaign rSEC/SB i668 =Page r26 tReporting eAct wor dVoter mAction aAct, nless othan dsixty mdays :before a primary or general election.

b e d s º o t n = .215080.1 s k m e - 30 - e a n e d r e l u [ A d SEC/SB 668 Reporting Act or Voter Action Act, less than sixty days before a primary or general election.

[NEW MATERIAL ] PROHIBITED ACTIONS.-- A.

A person shall not take or threaten to take any h retaliatory, disciplinary or other adverse action against g o another person who in good faith:

t hr g e i k (1) files a verified complaint with the h r i s commission that alleges a violation;

or h , t, (2) provides testimony, records, documents or e u g e b l other information to the commission during an investigation or e e h n d d i = = o h at a hearing.

l ] b ,d i a º e B.

A complainant and a respondent Hflºshall undergoingnot rSEC/SB i668 =Page r27 tcommunicate eex wparte dwith investigationany or a hearing process»Hflofficer, shallcommissioner notor communicateother experson minvolved in a ndetermination oof dthe mcomplaint. :

b e d s º o t n = .215080.1 s k m e - 31 - e a n e d r e l u [ A d SEC/SB 668 parte with any hearing officer, commissioner or other person involved in a determination of the complaint.

(1) a statement of [exception ] no activity;

h (3) an advisory opinion issued by the g o [secretary of ] state ethics commission;

except for the name of t hr g e i k the person who requested the opinion;

h r i s (4) a document specified as a public record in h , t, the Campaign Reporting Act;

and e u g e b l e e h (5) an arbitration decision issued by an n d d i = = o h arbitration panel and filed with the secretary of state or l ] b ,d i a º e state ethics commission.

r i = r t e w d m a n o B.

Each public record described in Subsection A of dSEC/SB m668 :Page 28 this section shall be retained by the state for five years and may be destroyed five years after the date of filing unless a legal action or prosecution is pending that requires the preservation of the public record.

b e d s º o t n = .215080.1 s k m e - 32 - e a n e d r e l u [ A d SEC/SB 668 this section shall be retained by the state for five years and may be destroyed five years after the date of filing unless a legal action or prosecution is pending that requires the preservation of the public record.

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

Electronic access shall include access via the internet and shall be in an easily searchable format." Hf2º SECTION 18.

It is unlawful during the prohibited period for a state legislator, the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or h the state auditor or a candidate for state legislator, attorney g o t hr general, secretary of state, state treasurer, commissioner of g e i k public lands or state auditor, or any agent on behalf of h r i s [either] the attorney general, the secretary of state, the h , t, state treasurer, the commissioner of public lands or the state e u g e b l e e h auditor or a candidate for attorney general, the secretary of n d d i = = o h state, state treasurer, commissioner of public landsSEC/SB or668 statePage l29 ]lands bor ,dstate i a º e auditor, to knowingly solicit a contribution [for a political r i = r t e w d m a n o purpose] governed by the Campaign Reporting Act.

For purposes dof mthis :subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on adjournment of the regular or special session.

b e d s º o t n = .215080.1 s k m e - 33 - e a n e d r e l u [ A d SEC/SB 668 of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on adjournment of the regular or special session.

It is unlawful during the prohibited period for the governor or the lieutenant governor, or any agent on [his] the governor’sgovernor's or the lieutenant governor’sgovernor's behalf, to knowingly solicit a contribution [for a political purpose] governed by the Campaign Reporting Act.

For purposes of this subsection, "prohibited period" means that period beginning January 1 prior to any regular session of the legislature or, in the case of a special session, after the proclamation has been issued, and ending on the twentieth day following the adjournment of the regular or special session."»Hf2session." SECTION 18.19.

19.A new section of the Campaign Reporting Act is enacted to read:

A"STATE newETHICS sectionCOMMISSION--JURISDICTION.-- ofA. the Campaign Reporting h g Act is enacted to read:

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

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

andSEC/SB l668 ]Page b30 ,dand i a º e r i = r (2) the state ethics commission shall share t e w d m a n o jurisdiction to investigate and adjudicate complaints, or any daspect mof :a complaint, with the secretary of state as formalized through an agreement.

b e d s º o t n = .215080.1 s k m e - 34 - e a n e d r e l u [ A d SEC/SB 668 aspect of a complaint, with the secretary of state as formalized through an agreement.

The state ethics commission and the secretary of state shall make recommendations to the first session of the fifty-fifth legislature on any changes to the Campaign Reporting Act necessary for the efficient administration and enforcement of the provisions of that act." SECTION 19.20.

20.

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

(1) the state ethics commission shall have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of a provision of the Voter Action Act in h accordance with the provisions of that act;

and g o (2) the state ethics commission shall share t hr g e i k jurisdiction to investigate and adjudicate complaints, or any h r i s aspect of a complaint, with the secretary of state as h , t, formalized through an agreement.

The secretary of state shallSEC/SB e668 uPage g31 eshall b l forward complaints it receives alleging violations of the Voter e e h n d d i = = o h Action Act to the state ethics commission in accordance with l ] b ,d i a º e the agreement.

r i = r t e w d B.

The state ethics commission and the secretary of mstate ashall nmake orecommendations dto mthe :first session of the fifty-fifth legislature on any changes to the Voter Action Act necessary for the efficient administration and enforcement of the provisions of that act." SECTION 21.

b e d s º o t n = .215080.1 s k m e - 35 - e a n e d r e l u [ A d SEC/SB 668 state shall make recommendations to the first session of the fifty-fifth legislature on any changes to the Voter Action Act necessary for the efficient administration and enforcement of the provisions of that act." SECTION 20.

21.

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

The secretary of state shall h forward complaints it receives alleging violations of the g o Lobbyist Regulation Act to the state ethics commission in t hr g e i k accordance with the agreement.

h r i s B.

The state ethics commission and the secretary of h , t, state shall make recommendations to the first session of the e u g e b l e e h fifty-fifth legislature on any changes to the Lobbyist n d d i = = o h Regulation Act necessary for the efficient administration and l ] b ,d i a º e enforcement of the provisions of that act." r i = r t e w d m a n o SJCºSECTION 21.

Section 2-15-8 NMSA 1978 (being Laws d m :

b e d s º o t n = .215080.1 s k m e - 36 - e a n e d r e l u [ A d SEC/SB 668 1993, Chapter 46, Section 53) is amended to read:

"2-15-8.

INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.-- The interim legislative ethics committee is authorized to:

A.

issue advisory opinions on the interpretation and enforcement of ethical principles as applied to the legislature and that are not under the jurisdiction of the state ethics commission;

investigateThe complaintsstate fromethics anothercommission memberand the secretary SEC/SB 668 Page 32 of state shall make recommendations to the first session of the fifty-fifth legislature oron aany memberchanges ofto the publicLobbyist allegingRegulation misconductAct necessary for the efficient administration and enforcement of athe legislator;provisions of that act." SECTION 22.

Section 2-15-8 NMSA 1978 (being Laws 1993, Chapter 46, Section 53) is amended to read:

"2-15-8.

INTERIM LEGISLATIVE ETHICS COMMITTEE-- DUTIES.-- A.

The interim legislative ethics committee is authorized to:

(1) issue advisory opinions on the interpretation and enforcement of ethical principles as applied to the legislature and that are not under the jurisdiction of the state ethics commission;

(2) investigate complaints from another member of the legislature or a member of the public alleging misconduct of a legislator;

(3) investigate referrals made to the co-chairs of the New Mexico legislative council from the state ethics commission, the attorney general, the secretary of state or a district attorney;

(4) hire special counsel, arbitrators or independent hearing officers as necessary;

and (5) make recommendations to the respective houses regarding proposed sanctions for ethical misconduct.

SEC/SB 668 Page 33 B.

The interim legislative ethics committee shall issue an annual report no later than the first day of May of each year regarding its activities during the previous twelve months, including a listing of the number of complaints received, the disposition of the complaints that have been resolved and the advisory opinions issued.

investigateThe referralsinterim made to the [co-chairmen] co-chairs of the New Mexico legislative councilethics fromcommittee theshall statemaintain ethicsa commission,web attorneypage general,on the secretarylegislature's ofwebsite." stateSECTION or23. a district attorney;

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

hire special counsel or independent hearing officers as necessary;

and E.

make recommendations to the respective houses by h g the end of the first full week of the next convened regular o t hr session regarding proposed sanctions for ethical g e i k misconduct."»SJC h r i s SJCºSECTION 21.

22.

Section 2-15-8 NMSA 1978 (being Laws h , t, e u g 1993, Chapter 46, Section 53) is amended to read:

e b l e e h "2-15-8.

INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.-- n d d i = = o h A.

The interim legislative ethics committee is l ] b ,d i a º e r i = r authorized to:

t e w d m a n o [A.] (1) issue advisory opinions on the d m :

b e d s º o t n = .215080.1 s k m e - 37 - e a n e d r e l u [ A d SEC/SB 668 interpretation and enforcement of ethical principles as applied to the legislature and that are not under the jurisdiction of the state ethics commission;

[B.] (2) investigate complaints from another member of the legislature or a member of the public alleging misconduct of a legislator;

[C.] (3) investigate referrals made to the [co-chairmen] co-chairs of the New Mexico legislative council from the state ethics commission, the attorney general, the secretary of state or a district attorney;

[D.] (4) hire special counsel, arbitrators or independent hearing officers as necessary;

and [E.] (5) make recommendations to the respective houses [by the end of the first full week of the next convened regular session] regarding proposed sanctions for ethical misconduct.

h g B.

The interim legislative ethics committee shall o t hr issue an annual report no later than the first day of May of g e i k each year regarding its activities during the previous twelve h r i s h months, including a listing of the number of complaints , t, e u g received, the disposition of the complaints that have been e b l e e h resolved and the advisory opinions issued.

n d d i = = o h l ] b ,d C.

The interim legislative ethics committee shall i a º e r i = r maintain a web page on the legislature's website."»SJC t e w d m a n o SECTION 22.

23.

Section 10-16-11 NMSA 1978 (being Laws d m :

b e d s º o t n = .215080.1 s k m e - 38 - e a n e d r e l u [ A d SEC/SB 668 1967, Chapter 306, Section 11, as amended) is amended to read:

[By January 1, 1994 ] Each elected statewide executive branch public officer shall adopt a general code of conduct for employees subject to [his ] the officer's control.

SEC/SB 668 Page 34 C.

The head of every executive and legislative agency and institution of the state may draft a separate code h of conduct for all public officers and employees in that agency g o or institution.

The separate agency code of conduct shall t hr g e i k prescribe standards, in addition to those set forth in the h r i s Governmental Conduct Act and the general codes of conduct for h , t, all executive and legislative branch public officers and e u g e b l employees, that are peculiar and appropriate to the function e e h n d d i = = o h and purpose for which the agency or institution was created or l ] b ,d i a º e exists.

The separate codes, upon approval of the responsible rexecutive ibranch =public rofficer tfor e w d executive branch public officerofficers and employees or the New Mexico legislative council for executivelegislative branch employees, govern the conduct of the public mofficers aand nemployees oof dthat magency :or institution and, except for those public officers and employees removable only by impeachment, shall, if violated, constitute cause for dismissal, demotion or suspension.

b e d s º o t n = .215080.1 s k m e - 39 - e a n e d r e l u [ A d SEC/SB 668 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.

All codes shall be filed with the [secretary of] state ethics commission and are open to public inspection.

SEC/SB 668 Page 35 E.

All legislators shall attend a minimum of two hours of ethics continuing education and training developed and provided, in consultation with the director of the legislative h council service, by the state ethics commission or a national g o state legislative organization of which the state is a member, t hr g e i k approved by the director, biennially." h r i s SECTION 23.24.

24.Section 10-16-13.1 NMSA 1978 (being Laws 1993, Chapter 46, Section 35) is amended to read:

Section"10-16-13.1. 10-16-13.1 NMSA 1978 (being Laws h , t, 1993, Chapter 46, Section 35) is amended to read:

eEDUCATION uAND gVOLUNTARY eCOMPLIANCE.-- bA. l e e h "10-16-13.1.

EDUCATIONThe ANDstate VOLUNTARYethics COMPLIANCE.--commission nshall dadvise dand iseek =to =educate oall hpersons A.required to perform duties under the Governmental Conduct Act of those duties.

TheThis [secretaryincludes ofadvising ] state ethics commission shall l ] b ,d i a º e advise and seek to educate all those persons requiredat toleast performannually rof ithat =act's rethical tprinciples. e w d m a n o duties under the Governmental Conduct Act of those duties.

d m :

b e d s º o t n = .215080.1 s k m e - 40 - e a n e d r e l u [ A d SEC/SB 668 This includes advising all those persons at least annually of that act's ethical principles.

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

Referrals for civil enforcement of that act shall be pursued only after efforts to secure voluntary compliance with that act have failed." SECTION 24.25.

25.

ENFORCEMENT PROCEDURES.-- SEC/SB 668 Page 36 A.

The [secretary of] state ethics commission may [refer] investigate suspected violations of the Governmental Conduct Act and forward its findings and evidence to the attorney general, district attorney or appropriate state agency or legislative body for enforcement.

If a suspected violation h involves the office of the [secretary of ] state ethics g o commission, the attorney general may enforce that act.

If a t hr g e i k suspected violation involves the office of the attorney h r i s general, a district attorney may enforce that act.

h , t, B.

Violation of the provisions of the Governmental e u g e b l Conduct Act by any legislator is grounds for discipline by the e e h n d d i = = o h appropriate legislative body.

l ] b ,d i a º e C.

If the [attorney general ] state ethics r i = r t e w d commission determines that there is sufficient cause to file a mcomplaint to remove from office a npublic oofficer dremovable monly :by impeachment, the commission shall refer the matter to the house of representatives of the legislature.

bIf ewithin dthirty sdays ºafter othe treferral nthe =house .215080.1of srepresentatives khas mneither eformally -declared 41that -the echarges acontained nin ethe dcomplaint rare enot lsubstantial unor [instituted Ahearings don SEC/SBthe 668complaint, complaintthe [againststate ]ethics tocommission removeshall frommake office a public officerthe removablenature onlyof bythe impeachment,charges [hebut ]shall themake commissionclear shallthat refer the mattermerits toof the housecharges ofhave representativesnever ofbeen thedetermined. legislature.

If within thirty days after the referral the house of representatives has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the [attorney general ] state ethics commission shall make public the nature of the charges but [he] shall make clear that the merits of the charges have never been determined.

SEC/SB 668 Page 37 D.

h Complaints against executive branch employees may be filed with u » r the agency head and reviewed pursuant to the procedures t h g e provided in the Personnel Act.

Complaints against legislative l i h r i s branch employees may be filed with and reviewed pursuant to h , e h procedures adopted by the New Mexico legislative council.

t u g e b l Complaints against judicial branch employees may be filed and e e , gh n d d i = = o h reviewed pursuant to the procedures provided in the judicial l ] b ,d i a º r personnel rules.

Complaints against employees subject to the e r = t e w d State Ethics Commission Act may also be filed with the state methics commission, which shall determine whether to forward a ncomplaint oto dthe mappropriate :state agency or investigate the complaint on its own.

b r e t º o t n = .215080.1 s k m e - 42 - e a n e d r e l u [ A d SEC/SB 668 ethics commission, which shall determine whether to forward a complaint to the appropriate state agency or investigate the complaint on its own.

Subject to the provisions of this section, the provisions of the Governmental Conduct Act may be enforced by the [attorney general ] state ethics commission.

Except as regards legislators, state employees or statewide elected officials, a district attorney in the county where a person who allegedly violated the provisions resides or where [a] an alleged violation occurred may also enforce that act.

Enforcement actions may include seeking civil injunctive or other appropriate orders." SECTION 25.26.

26.Section 10-16-18 NMSA 1978 (being SEC/SB 668 Page 38 Laws 1995, Chapter 153, Section 23) is amended to read:

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

If the [secretary of ] state ethics commission reasonably believes that a person committed, or is about to h commit, a violation of the Governmental Conduct Act, the g o [secretary of ] state [shall] ethics commission may refer the t hr g e i k matter to the attorney general or a district attorney for h r i s enforcement.

h , t, B.

The state ethics commission may institute a e u g e b l civil action in district court or refer a matter to the e e h n d d i = = o h attorney general or a district attorney [may] to institute a l ] b ,d i a º e civil action in district court if a violation has occurred or r i = r t e w d to prevent a violation of any provision of the Governmental mConduct aAct. n o d m :

bRelief emay dinclude sa ºpermanent oor ttemporary ninjunction, =a .215080.1restraining sorder kor many eother -appropriate 43order, -including ean order for a ncivil epenalty dof rtwo ehundred lfifty udollars [($250) Afor deach SEC/SBviolation 668not Conductto Act.exceed five thousand dollars ($5,000)." SECTION 27.

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.

27.

SHORT TITLE--FINANCIAL DISCLOSURE ACT.-- [Sections 39 through 45 of this act ] Chapter 10, Article 16A NMSA 1978 may be cited as the "Financial Disclosure Act"." SECTION 27.28.

28.

EDUCATION AND VOLUNTARY COMPLIANCE.-- SEC/SB 668 Page 39 A.

This includes h providing timely advance notice of the required financial g o disclosure statement and preparing forms that are clear and t hr g e i k easy to complete.

h r i s B.

The secretary of state shall seek first to h , t, ensure voluntary compliance with the provisions of the e u g e b l e e h Financial Disclosure Act.

A person who violates that act n d d i = = o h unintentionally or for good cause shall be given ten days' l ] b ,d i a º e notice to correct the matter before fines are imposed.

rReferrals ito =the rstate tethics ecommission wfor dcivil menforcement aof nthe oFinancial ReferralsDisclosure Act shall be pursued only after efforts to thesecure statevoluntary ethicscompliance commissionwith forthat civilact enforcementhave dfailed." mSECTION :29.

b e d s º o t n = .215080.1 s k m e - 44 - e a n e d r e l u [ A d SEC/SB 668 of the Financial Disclosure Act shall be pursued only after efforts to secure voluntary compliance with that act have failed." SECTION 28.

29.

Any person who believes that act has been violated may file a written complaint with theSEC/SB [secretary668 ofPage ]40 the state ethics commission.

The [secretary of state] commission shall adopt procedures for processing complaints and notifications of violations.

If the [secretary of ] state ethics commission determines that a violation has occurred for which a penalty h should be imposed, the [secretary of state ] commission shall so g o notify the person charged and impose the penalty.

If the t hr g e i k person charged disputes the [secretary of state's ] commission's h r i s determination, the person charged may request binding h , t, arbitration.

e u g e b l C.

The arbitration decision shall be decided by a e e h n d d i = = o h single arbitrator selected within ten days by the person l ] b ,d i a º e against whom the penalty has been imposed from a list of five r i = r t e w d arbitrators provided by the [secretary of ] state ethics mcommission. a n o d m :

b e d s º o t n = .215080.1 s k m e - 45 - e a n e d r e l u [ A d SEC/SB 668 commission .

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

The arbitrator shall state the reasons for [his ] the decision in a written document that shall be a public record.

Unless otherwise provided for in this section, or by rule or SEC/SB 668 Page 41 regulation adopted by the [secretary of ] state ethics commission, the procedures for the arbitration shall be governed by the Uniform Arbitration Act.

No arbitrator shall be subject to liability for actions taken pursuant to this h section.

g o E.

Any person who files a statement or report after t hr g e i k the deadline imposed by the Financial Disclosure Act or any h r i s person who files a false or incomplete statement or report is h , t, liable for and shall pay to the secretary of state, at or from e u g e b l e e h the time initially required for the filing, fifty dollars n d d i = = o h ($50.00) per day for each regular working day after the time l ] b ,d i a º e required for the filing of the statement or report until the r i = r t e w d complete report is filed, up to a maximum of five thousand mdollars a($5,000). n o d m :

b e d s º o t n = .215080.1 s k m e - 46 - e a n e d r e l u [ A d SEC/SB 668 dollars ($5,000).

The secretary of state may refer a matter to the state ethics commissioncommission, , attorney general or a district attorney for a civil injunctive or other appropriate order or enforcement." SECTION 29.30.

30.

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 [secretary of state shall ] commission may refer the matter to the attorney general or a district attorney for enforcement.

SEC/SB 668 Page 42 B.

The state ethics commission may institute a civil action in district court or refer a matter to the attorney general or a district attorney [may] to institute a civil action in district court if a violation has occurred or h to prevent a violation of any provision of the Financial g o Disclosure Act.

Relief may include a permanent or temporary t hr g e i k injunction, a restraining order or any other appropriate order, h r i s including an order for a civil penalty of two hundred fifty h , t, dollars ($250) for each violation not to exceed five thousand e u g e b l dollars ($5,000)." e e h n d d i = = o h SECTION 30.31.

31.Section 10-16B-1 NMSA 1978 (being Laws 2007, Chapter 226, Section 1) is amended to read:

Section"10-16B-1. 10-16B-1 NMSA 1978 (being Laws l ] b ,d i a º e 2007, Chapter 226, Section 1) is amended to read:

rSHORT iTITLE.--Chapter =10, rArticle t16B eNMSA w1978 dmay "10-16B-1.be cited as the "Gift Act"." SECTION 32.

SHORT TITLE.--[This act ] Chapter 10, Article m a n o d m :

b e d s º o t n = .215080.1 s k m e - 47 - e a n e d r e l u [ A d SEC/SB 668 16B NMSA 1978 may be cited as the "Gift Act"." SECTION 31.

32.

"[NEW"INVESTIGATIONS--COMPLAINTS--ENFORCEMENT.-- MATERIAL] INVESTIGATIONS--COMPLAINTS--ENFORCEMENT.-- A.

If the state ethics commission determines that a violation has occurred, the commission shall refer the matter to the attorney general for criminal prosecution." SflºSJCºSECTIONSEC/SB 32.668 Page 43 SECTION 33.

"[NEW"STATE MATERIAL] STATE ETHICS COMMISSION JURISDICTION.--The state ethics commission may investigate complaints against a h contractor who has a contract with a state agency,agency school g o t hr district or charter school or a person who has submitted a g e i k competitive sealed proposal or competitive sealed bid for a h r i s contract with a state agency,agency. school district or charter h , t, e u g school.

The state ethics commission may impose the civil e b l e e h penalties authorized in Sections 13-1-196 through 13-1-198 NMSA n d d i = = o h 1978 pursuant to the provisions of those sections."»SJCsections." »Sfl l ] b ,d i a º e r i = r HJCº SECTION 32.34.

33.Section 13-1-196 NMSA 1978 (being Laws 1984, Chapter 65, Section 169) is amended to read:

A new section of the Procurement Code t e w d m a n o is enacted to read:

d m :

b e d s º o t n = .215080.1 s k m e - 48 - e a n e d r e l u [ A d SEC/SB 668 "[NEW MATERIAL] STATE ETHICS COMMISSION JURISDICTION.--The state ethics commission may investigate complaints against a contractor who has a contract with a state agency HJCº, school district or charter school»HJC or a person who has submitted a competitive sealed proposal or competitive sealed bid for a contract with a state agency HJCº, school district or charter school»HJC.

The state ethics commission may impose the civil penalties authorized in Sections 13-1-196 through 13-1-198 NMSA pursuant to the provisions of those sections."»HJC SJCºSECTION 32.

Section 2-6-1 NMSA 1978 (being Laws 1961, Chapter 2, Section 1, as amended) is amended to read:

"2-6-1.

LIMIT ON THE TIME WITHIN WHICH BILLS MAY BE INTRODUCED.-- A.

A bill shall not be accepted for filing until after the beginning of the prohibited period for soliciting campaign contributions provided for in Section 1-19-34.1 NMSA 1978.

h B.

No bill shall be introduced at any regular u » r t h session of the legislature subsequent to the thirtieth g e l i legislative day in sessions held in the odd-numbered years or h r i s subsequent to the fifteenth legislative day in sessions held in h , e h t u g the even-numbered years.

The limitation provided in this e b l e e , gh [section] subsection does not apply to the general n d d i = = o h appropriation bill, bills to provide for the current expenses l ] b ,d i a º r e r = of the government and such bills as may be referred to the t e w d m a n o legislature by the governor by special message specifically d m :

b r e t º o t n = .215080.1 s k m e - 49 - e a n e d r e l u [ A d SEC/SB 668 setting forth the emergency or necessity requiring such legislation." SECTION 33.

Section 2-11-2 NMSA 1978 (being Laws 1977, Chapter 261, Section 2, as amended) is amended to read:

"2-11-2.

DEFINITIONS.--As used in the Lobbyist Regulation Act:

A.

"compensation" means any money, per diem, salary, fee or portion thereof or the equivalent in services rendered or in-kind contributions received or to be received in return for lobbying services performed or to be performed;

B.

"expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value but does not include a lobbyist's own personal living expenses and the expenses incidental to establishing and maintaining an office in connection with lobbying activities or compensation paid to h a lobbyist by a lobbyist's employer;

u » r t h C.

"legislative committee" means a committee g e l i created by the legislature, including interim and standing h r i s committees of the legislature;

h , e h t u g D.

"lobbying" means attempting to influence:

e b l e e , gh (1) a decision related to any matter to be n d d i = = o h considered or being considered by the legislative branch of l ] b ,d i a º r e r = state government or any legislative committee or any t e w d m a n o legislative matter requiring action by the governor or awaiting d m :

b r e t º o t n = .215080.1 s k m e - 50 - e a n e d r e l u [ A d SEC/SB 668 action by the governor;

or (2) an official action;

E.

"lobbyist" means any individual who is compensated for the specific purpose of lobbying;

is designated by an interest group or organization to represent it on a substantial or regular basis for the purpose of lobbying;

or in the course of [his] employment, is engaged in lobbying on a substantial or regular basis.

"Lobbyist" does not include:

(1) an individual who appears on [his] the individual's own behalf in connection with legislation or an official action;

(2) [any] an elected or appointed officer of the state or its political subdivisions or an Indian nation, tribe or pueblo acting in [his] the officer's official capacity;

(3) an employee of the state or its political subdivisions, specifically designated by an elected or h g appointed officer of the state or its political subdivision, o t hr who appears before a legislative committee or in a rulemaking g e i k proceeding only to explain the effect of legislation or a rule h r i s on [his] the designated employee's agency or political h , t, e u g subdivision;

provided that the elected or appointed officer of e b l e e h the state or its political subdivision keeps for public n d d i = = o h inspection and files with the secretary of state such l ] b ,d i a º e r i = r designation;

t e w d m a n o (4) [any] a designated member of the staff of d m :

b e d s º o t n = .215080.1 s k m e - 51 - e a n e d r e l u [ A d SEC/SB 668 an elected state official;

provided that the elected state official keeps for public inspection and files with the secretary of state such designation;

(5) a member of the legislature, the staff of [any] a member of the legislature or the staff of [any] a legislative committee when addressing legislation;

(6) [any] a witness called by a legislative committee or administrative agency to appear before that legislative committee or agency in connection with legislation or an official action;

(7) an individual who provides only oral or written public testimony in connection with a legislative committee or in a rulemaking proceeding and whose name and the interest on behalf of which [he] the individual testifies have been clearly and publicly identified;

[or] (8) the executive director of a nonprofit or h an intergovernmental or trade association organized under the u » r t h provisions of Section 501(c) of the Internal Revenue Code of g e l i 1986 who provides oral or written public testimony in h r i s connection with a legislative committee or in a rulemaking h , e h t u g proceeding and whose name and organization have been clearly e b l e e , gh and publicly identified;

or n d d i = = o h [(8)] (9) a publisher, owner or employee of l ] b ,d i a º r e r = the print media, radio or television, while gathering or t e w d m a n o disseminating news or editorial comment to the general public d m :

b r e t º o t n = .215080.1 s k m e - 52 - e a n e d r e l u [ A d SEC/SB 668 in the ordinary course of business;

F.

"lobbyist's employer" means the person whose interests are being represented and by whom a lobbyist is directly or indirectly retained, compensated or employed;

G.

"official action" means the action or nonaction of a state official or state agency, board or commission acting in a rulemaking proceeding;

H.

"person" means an individual, partnership, association, committee, federal, state or local governmental entity or agency, however constituted, public or private corporation or any other organization or group of persons who are voluntarily acting in concert;

I.

"political contribution" means a gift, subscription, loan, advance or deposit of [any] money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for the purpose of influencing a primary, general or statewide election, including h a constitutional or other question submitted to the voters, or u » r t h for the purpose of paying a debt incurred in any such election;

g e l i J.

"prescribed form" means a form prepared and h r i s prescribed by the secretary of state;

h , e h t u g K.

"rulemaking proceeding" means a formal process e b l e e , gh conducted by a state agency, board or commission for the n d d i = = o h purpose of adopting a rule, regulation, standard, policy or l ] b ,d i a º r e r = other requirement of general applicability and does not include t e w d m a n o adjudicatory proceedings;

and d m :

b r e t º o t n = .215080.1 s k m e - 53 - e a n e d r e l u [ A d SEC/SB 668 L.

"state public officer" means a person holding a statewide office provided for in the constitution of New Mexico." SECTION 34.

Section 10-15-1 NMSA 1978 (being Laws 1974, Chapter 91, Section 1, as amended) is amended to read:

"10-15-1.

FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.-- A.

In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.

The formation of public policy or the conduct of business by vote shall not be conducted in closed meeting.

All meetings of any public body except the legislature and the courts shall be public meetings, h g and all persons so desiring shall be permitted to attend and o t hr listen to the deliberations and proceedings.

Reasonable g e i k efforts shall be made to accommodate the use of audio and video h r i s h recording devices.

, t, e u g B.

All meetings of a quorum of members of any e b l e e h board, commission, administrative adjudicatory body or other n d d i = = o h l ] b ,d policymaking body of any state agency or any agency or i a º e r i = r authority of any county, municipality, district or political t e w d m a n o subdivision, held for the purpose of formulating public policy, d m :

b e d s º o t n = .215080.1 s k m e - 54 - e a n e d r e l u [ A d SEC/SB 668 including the development of personnel policy, rules, regulations or ordinances, discussing public business or taking any action within the authority of or the delegated authority of any board, commission or other policymaking body are declared to be public meetings open to the public at all times, except as otherwise provided in the constitution of New Mexico or the Open Meetings Act.

No public meeting once convened that is otherwise required to be open pursuant to the Open Meetings Act shall be closed or dissolved into small groups or committees for the purpose of permitting the closing of the meeting.

C.

If otherwise allowed by law or rule of the public body, a member of a public body may participate in a meeting of the public body by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person;

provided that each member participating by conference h telephone can be identified when speaking, all participants are u » r t h able to hear each other at the same time and members of the g e l i public attending the meeting are able to hear any member of the h r i s public body who speaks during the meeting.

h , e h t u g D.

Any meetings at which the discussion or adoption e b l e e , gh of any proposed resolution, rule, regulation or formal action n d d i = = o h occurs and at which a majority or quorum of the body is in l ] b ,d i a º r e r = attendance, and any closed meetings, shall be held only after t e w d m a n o reasonable notice to the public.

The affected body shall d m :

b r e t º o t n = .215080.1 s k m e - 55 - e a n e d r e l u [ A d SEC/SB 668 determine at least annually in a public meeting what notice for a public meeting is reasonable when applied to that body.

That notice shall include broadcast stations licensed by the federal communications commission and newspapers of general circulation that have provided a written request for such notice.

E.

A public body may recess and reconvene a meeting to a day subsequent to that stated in the meeting notice if, prior to recessing, the public body specifies the date, time and place for continuation of the meeting and, immediately following the recessed meeting, posts notice of the date, time and place for the reconvened meeting on or near the door of the place where the original meeting was held and in at least one other location appropriate to provide public notice of the continuation of the meeting.

Only matters appearing on the agenda of the original meeting may be discussed at the reconvened meeting.

h F.

Meeting notices shall include an agenda u » r t h containing a list of specific items of business to be discussed g e l i or transacted at the meeting or information on how the public h r i s may obtain a copy of such an agenda.

Except in the case of an h , e h t u g emergency or in the case of a public body that ordinarily meets e b l e e , gh more frequently than once per week, at least seventy-two hours n d d i = = o h prior to the meeting, the agenda shall be available to the l ] b ,d i a º r e r = public and posted on the public body's [web site] website, if t e w d m a n o one is maintained.

A public body that ordinarily meets more d m :

b r e t º o t n = .215080.1 s k m e - 56 - e a n e d r e l u [ A d SEC/SB 668 frequently than once per week shall post a draft agenda at least seventy-two hours prior to the meeting and a final agenda at least thirty-six hours prior to the meeting.

Except for emergency matters, a public body shall take action only on items appearing on the agenda.

For purposes of this subsection, "emergency" refers to unforeseen circumstances that, if not addressed immediately by the public body, will likely result in injury or damage to persons or property or substantial financial loss to the public body.

Within ten days of taking action on an emergency matter, the public body shall report to the [attorney general's office] state ethics commission the action taken and the circumstances creating the emergency;

provided that the requirement to report to the [attorney general] state ethics commission is waived upon the declaration of a state or national emergency.

G.