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F I S C A L I M P A C T R E P O R T
SPONSOR McSorley
ORIGINAL DATE
LAST UPDATED
2/26/07
HB
SHORT TITLE Inclusion in Governmental Conduct Act
SB 1051
ANALYST Wilson
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$0.1
$0.1
$0.1 Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to several other bills addressing ethics in government.
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Public Education Department (PED)
Secretary of State (SOS)
SUMMARY
Synopsis of Bill
Senate Bill 1051 amends Section 10-16-2 NMSA 1978 to include all elected and appointed
officials and employees of the state or of a political subdivision of the state within the meaning
of “public officer or employee" as used in the Governmental Conduct Act. The current statute
specifically excludes legislators and judges from the definition.
The effective date of the act is July 1, 2007.
FISCAL IMPLICATIONS
There will be a minimal administrative cost for statewide update, distribution and documentation
of statutory changes. Any additional fiscal impact on the judiciary will be proportional to the
enforcement of this law and commenced prosecutions. New laws, amendments to existing laws
and new hearings have the potential to increase caseloads in the courts, thus requiring additional
resources to handle the increase.
pg_0002
Senate Bill 1051 – Page
2
SIGNIFICANT ISSUES
The bill will include judges and members of the legislature in the definition of “public officer or
employee". This will subject them to the same prohibitions as all other state-connected
individuals within the scope of the Governmental Conduct Act.
The AOC
noted that t
he following provisions of the Governmental Conduct Act already include
legislators within their coverage, and should perhaps be amended to avoid repetition:
Section 10-16-3 NMSA 1978, prohibiting certain official acts
Section 10-16-4.1 NMSA 1978, prohibiting hororaria
No current statutory provisions within the Act address the conduct of judges, other than to
exclude them from the Act.
RELATIONSHIP
SB 1051 relates to:
HB 553, Contributions to State Agents & Candidates
HB 818, Public Financing of Statewide Campaigns
HB 819 Gift Act
HB 820, Legislative Campaign Funds for Office Duties
HB 821, Campaign Reporting Requirements
HB 822, State Ethics Commission Act
HB 823, Prohibit Certain Acts by Public Officers
HB 1154, Lobbyist Filing Fees
HB 1295, Retaliation for Ethics Violation Reporting
HB 1053, Campaign Reporting Act Exception Statements
HB 1296, Investigation of Elected Officials by AG
SB 342, Candidate Withdrawal Requirements
SB 400, Contributions to State Agents & Candidates (dup HB 553)
SB 445, Extend Governmental Conduct Act
SB 588, Former Legislators as Lobbyists
SB 671, Candidate Withdrawal Requirements (dup SB 342)
SB 796, Legislative Campaign Funds for Office Duties (dup HB 820)
SB 799, Public Financing of Statewide Campaigns (dup HB 818)
SB 800, Campaign Reporting Requirements (dup HB 821)
SB 815, State Ethics Commission Act (dup HB 822)
SB 931, Gift Act (dup HB 819)
SB 953, Lobbyist Filing Fees (dup HB 1154)
SB 1043, Whistleblower Protection Act
SB 1107, Prohibit Certain Acts by Public Officers (dup HB 823)
SB 1137, Reporting of Lobbyist Compensation
SB 1177, Disclosure by Procurement Contractors
DW/mt