HB0517

HOUSE BILL 517

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

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO THE LEGISLATURE; REQUIRING ADDITIONAL FINANCIAL DISCLOSURES AND DISCLOSURES OF CONFLICTS OF INTEREST FOR LEGISLATORS AND LEGISLATIVE CANDIDATES.

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

SECTION 1. [NEW MATERIAL] LEGISLATIVE CONFLICTS OF INTEREST.--

A. In addition to the financial disclosure required pursuant to the Financial Disclosure Act and the Campaign Reporting Act, each legislator shall disclose any conflicts of interest with proposed legislation on a form provided by the legislative council service, filed with the committee secretary prior to a vote in committee and with the chief clerk prior to a vote on the floor. The written disclosure shall be a public document. Before a legislator recuses the legislator's self or casts a vote on the legislation in committee or on the floor, the committee secretary or the chief clerk shall announce the conflict of interest.

B. As used in this section, "conflict of interest" means a potential monetary benefit of greater than five hundred dollars ($500) to be gained or lost by a legislator or the legislator's spouse or known to the legislator to be gained or lost by the legislator's child, parent, sibling or in-law as a result of legislation before the house or senate; provided that "conflict of interest" does not include the gain or loss of a monetary benefit that is substantially the same for the legislator or a member of the legislator's family as that received by the general public or the majority of the members of a group to which the legislation applies.

SECTION 2. Section 10-16A-3 NMSA 1978 (being Laws 1993, Chapter 46, Section 41, as amended) is amended to read:

"10-16A-3. REQUIRED DISCLOSURES FOR CERTAIN CANDIDATES AND PUBLIC OFFICERS AND EMPLOYEES--CONDITION FOR PLACEMENT ON BALLOT OR APPOINTMENT.--

A. At the time of filing a declaration of candidacy or nominating petition, a candidate for [legislative or] statewide office shall file with the proper filing officer, as defined in Section 1-8-25 NMSA 1978, a financial disclosure statement on a prescribed form. In addition, each year thereafter during the month of January, [a legislator and] a person holding a statewide office shall file with the proper filing officer a financial disclosure statement. If the proper filing officer is not the secretary of state, the proper filing officer shall forward a copy of the financial disclosure statement to the secretary of state within seventy-two hours.

B. A state agency head or official whose appointment to a board or commission is subject to confirmation by the senate shall file with the secretary of state a financial disclosure statement within thirty days of appointment and during the month of January every year thereafter that [he] the state agency head or official holds public office.

C. The financial disclosure statement shall include for any person identified in Subsection A or B of this section and the person's spouse the following information for the prior calendar year:

(1) the full name, mailing address and residence address of each person covered in the disclosure statement, except the address of the spouse need not be disclosed; the name and address of the person's and spouse's employer and the title or position held; and a brief description of the nature of the business or occupation;

(2) all sources of gross income of more than five thousand dollars ($5,000) to each person covered in the disclosure statement, identified by general category descriptions that disclose the nature of the income source, in the following broad categories: law practice or consulting operation or similar business, finance and banking, farming and ranching, medicine and health care, insurance (as a business and not as payment on an insurance claim), oil and gas, transportation, utilities, general stock market holdings, bonds, government, education, manufacturing, real estate, consumer goods sales with a general description of the consumer goods and the category "other", with direction that the income source be similarly described. In describing a law practice, consulting operation or similar business of the person or spouse, the major areas of specialization or income sources shall be described, and if the spouse or a person in the reporting person's or spouse's law firm, consulting operation or similar business is or was during the reporting calendar year or the prior calendar year a registered lobbyist under the Lobbyist Regulation Act, the names and addresses of all clients represented for lobbying purposes during those two years shall be disclosed;

(3) a general description of the type of real estate owned in New Mexico, other than a personal residence, and the county where it is located;

(4) all other New Mexico business interests not otherwise listed of ten thousand dollars ($10,000) or more in a New Mexico business or entity, including any position held and a general statement of purpose of the business or entity;

(5) all memberships held by the reporting individual and [his] the reporting individual's spouse on boards of for-profit businesses in New Mexico;

(6) all New Mexico professional licenses held;

(7) each state agency that was sold goods or services in excess of five thousand dollars ($5,000) during the prior calendar year by a person covered in the disclosure statement;

(8) each state agency, other than a court, before which a person covered in the disclosure statement represented or assisted clients in the course of [his] the person's employment during the prior calendar year; and

(9) a general category that allows the person filing the disclosure statement to provide whatever other financial interest or additional information the person believes should be noted to describe potential areas of interest that should be disclosed.

D. A complete financial disclosure statement shall be filed every year. The secretary of state shall mail each elected official required to file a financial disclosure statement a copy of any statement the person filed the previous year.

E. The financial disclosure statements filed pursuant to this section are public records open to public inspection during regular office hours and shall be retained by the state for five years from the date of filing.

F. A person who files a financial disclosure statement may file an amended statement at any time to reflect significant changed circumstances that occurred since the last statement was filed.

G. [Any] A candidate for a [legislative or] statewide office who fails or refuses to file a financial disclosure statement required by this section before the final date for the withdrawal of candidates provided for in the Election Code shall not have [his] the candidate's name printed on the election ballot.

H. For a state agency head or an official whose appointment to a board or commission is subject to confirmation by the senate, the filing of the financial disclosure statement required by this section is a condition of entering upon and continuing in state employment or holding an appointed position."

SECTION 3. A new section of the Financial Disclosure Act is enacted to read:

"[NEW MATERIAL] REQUIRED DISCLOSURES FOR LEGISLATORS AND CANDIDATES FOR LEGISLATIVE OFFICE.--

A. At the time of filing a declaration of candidacy or nominating petition, a candidate for legislative office shall file with the proper filing officer, as defined in Section 1-8-25 NMSA 1978, a financial disclosure statement on a prescribed form. A financial disclosure statement shall be filed for every year or part of a year of the candidacy for legislative office. If the proper filing officer is not the secretary of state, the proper filing officer shall forward a copy of the financial disclosure statement to the secretary of state within seventy-two hours.

B. Each legislator shall file with the secretary of state a financial disclosure statement on or before the third Wednesday of each year. The secretary of state shall mail each legislator a copy of any financial disclosure statement the legislator filed the previous year.

C. The financial disclosure statement shall include the following information for the legislator or candidate for legislative office and the legislator's or candidate's spouse for the prior calendar year:

(1) the full name, mailing address and residence address of each person covered in the disclosure statement; the name and address of the person's employer and the title or position held; and a brief description of the nature of the business or occupation;

(2) the name, address and nature of any business owned in whole or in part by each person covered in the disclosure statement, including the specific description of the business interest or interest held within a limited liability corporation or holding company, if applicable;

(3) all sources of gross income over five thousand dollars ($5,000) for each person covered in the disclosure statement, identified by a specific description that discloses the nature of the income source, in any of the following categories:

(a) law practice or consulting operation or similar business;

(b) finance and banking;

(d) medicine and health care;

(e) insurance, as a business and not as payment on an insurance claim;

(f) oil and gas;

(g) transportation;

(h) utilities;

(i) stock market holdings and bonds;

(j) government;

(k) education;

(l) manufacturing;

(m) real estate;

(n) consumer goods sales with a general description of the consumer goods; and

(o) the category "other", with direction that the income source be similarly described.

In describing a law practice, consulting operation or similar business of a person covered in the disclosure statement, the major areas of specialization or income sources shall be described, and if someone in the person's law firm, consulting operation or similar business is or was a registered lobbyist pursuant to the Lobbyist Regulation Act during the reporting calendar year or the prior calendar year, the names and addresses of all clients represented for lobbying purposes during those two years shall be disclosed;

(4) ownership by a person covered in the disclosure statement of any financial instruments, including stocks, bonds and notes;

(5) a description of real estate owned, other than a personal residence, and its location;

(6) all other business interests not otherwise listed, including any position held and a general statement of purpose of the business or entity;

(7) all memberships held by a person covered in the disclosure statement on boards of for-profit or nonprofit corporations or other businesses;

(8) all professional licenses held;

(9) all business licenses held;

(10) each state agency that was sold goods or services by a person covered in the disclosure statement;

(11) each state agency, other than a court, before which a person covered in the disclosure statement represented or assisted clients in the course of employment;

(12) any contracts with state agencies, political subdivisions of the state or federal agencies;

(13) each state agency that conferred a direct or indirect benefit on a person covered in the disclosure statement; and

(14) a general category that allows the legislator or candidate for legislative office to provide whatever other financial interest or additional information the legislator or candidate believes should be noted to describe potential areas of interest that should be disclosed.

D. A legislator or candidate for legislative office shall file an amended financial disclosure statement to reflect significant changed circumstances that occurred since the last statement was filed.

F. A candidate for a legislative office who fails or refuses to file a financial disclosure statement required by this section before the final date for the withdrawal of candidates provided for in the Election Code shall not have the candidate's name printed on the election ballot."