HOUSE BILL 416

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Al Park

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE OF OBSTRUCTION OF A STATE AUDIT; PRESCRIBING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 12-6-1 NMSA 1978 (being Laws 1969, Chapter 68, Section 1) is amended to read:

     "12-6-1. SHORT TITLE.--[Sections 4-31-1 through 4-31-17 NMSA 1953] Chapter 12, Article 6 NMSA 1978 may be cited as the "Audit Act"."

     SECTION 2. A new section of the Audit Act is enacted to read:

     "[NEW MATERIAL] OBSTRUCTION OF A STATE AUDIT.--

          A. Obstruction of a state audit consists of a person:

                (1) making or causing to be made to the state auditor or the state auditor's designated agent a false or misleading report with the intent of deceiving or misleading the state auditor or the state auditor's designated agent in the performance of an audit, special audit, examination or investigation being conducted pursuant to the Audit Act; or

                (2) intentionally obstructing the state auditor or the state auditor's designated agent in the performance of an audit, special audit, examination or investigation being conducted pursuant to the Audit Act.

          B. Whoever commits obstruction of a state audit is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. If the state auditor reasonably believes that a person committed, or is about to commit, obstruction of a state audit, the state auditor shall refer the matter to the attorney general or a district attorney for enforcement.

          D. The attorney general or a district attorney may institute a civil action in district court if obstruction of a state audit has occurred or to prevent obstruction of a state audit. 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 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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