SENATE BILL 392
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Mary Jane M. Garcia
AN ACT
RELATING TO LOCAL GOVERNMENTS; ENACTING THE LOCAL GOVERNMENT TRANSPARENCY ACT; PROVIDING FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF WEB SITES THAT PROVIDE PUBLIC ACCESS TO CERTAIN LOCAL GOVERNMENT FINANCIAL INFORMATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 5 of this act may be cited as the "Local Government Transparency Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Local Government Transparency Act:
A. "division" means the local government division of the department of finance and administration;
B. "expenditure" means a disbursement of federal, state or local government funds by a local government;
C. "federal funds" means money received by a local government from the federal government or one of its branches, departments, agencies, offices, officers or instrumentalities;
D. "local government" means
(1) a class A county; or
(2) an incorporated municipality with a population, as shown by the most recent federal decennial census, greater than fifteen thousand;
E. "revenue" means all money received by a local government. "Revenue" includes money from taxes, fines, fees, federal funds, state funds and other sources but does not include money deposited into a suspense fund; and
F. "state funds" means money received by a local government from the state or one of its branches, departments, agencies, offices, officers or instrumentalities.
SECTION 3. [NEW MATERIAL] LOCAL GOVERNMENT PORTAL-- DEPARTMENT DUTIES.--
A. The division, with the assistance of the department of information technology, shall develop, operate and maintain a single internet web site that is free, user-friendly, searchable and accessible to the public, known as the "local government portal", to host financial information for each local government for the purpose of governmental transparency and accountability to taxpayers. The local government portal shall be maintained as a stand-alone internet web site and as a link on the sunshine portal, maintained by the department of information technology pursuant to the Sunshine Portal Transparency Act.
B. No later than October 1, 2012, the division shall create the architecture and the information exchange process for the collection and electronic publication of the financial information for each local government.
C. No later than July 1, 2013, the local government portal shall be available for public access and shall include updated information as required by Subsection D of this section.
D. Except as provided in Subsection C of Section 4 of the Local Government Transparency Act, the local government portal shall provide, at a minimum, access to the following information for each local government:
(1) the local government's cash balances by account or fund;
(2) the annual operating budget with monthly expenditures by category;
(3) contracts that a local government enters into that have a total contract price of more than twenty thousand dollars ($20,000), naming both the recipient and purpose of the contract and the amounts expended;
(4) the revenue that the local government received in each month by source, such as type of tax, fee, fine, administrative fee or other collection category;
(5) expenditures for capital projects, identified by project location, type of project and funding source;
(6) a directory of all employee positions, showing each position's title and salary;
(7) a link to an open meeting tracker web site upon which each local government shall post open meetings scheduled for the current month and the next month, including the time and place of the meeting, the subject of the meeting and an agenda;
(8) a link to the local government's ordinances and, if applicable, charter;
(9) an annual summary within three months after the end of the fiscal year, or as soon thereafter as the information becomes available, of the local government's fiscal health, including the budget, revenues and expenditures for the previous fiscal year and projected revenues and operating budgets for the current fiscal year; and
(10) additional information, as required by rule of the division, that will assist the public in understanding local government operations and the use of taxpayer dollars.
E. For a local government that maintains its own web site pursuant to Subsection C of Section 4 of the Local Government Transparency Act, the local government portal shall contain a link to that web site.
F. Local governments shall provide updated financial information as frequently as possible but at least quarterly.
G. The division shall update the web site as new information is received but at least monthly; include information from the previous month or year, where relevant, for comparison purposes; and maintain the web site as the primary source of public information about the activity of New Mexico's local governments.
SECTION 4. [NEW MATERIAL] RULES PROMULGATION--COMPLIANCE REQUIRED--EXEMPTIONS.--
A. Pursuant to the State Rules Act, the division shall promulgate rules to carry out the provisions of the Local Government Transparency Act.
B. Unless exempted pursuant to Subsection C of this section, all local governments, including home rule municipalities, shall comply with the provisions of the Local Government Transparency Act and rules promulgated by the division pursuant to that act.
C. A local government is not required to submit information required by the Local Government Transparency Act and shall not be included in the local government portal if:
(1) the local government maintains its own web site with substantially the same information as required of the local government portal; and
(2) information on the web site is updated at least quarterly.
SECTION 5. [NEW MATERIAL] PROTECTION OF CONFIDENTIAL INFORMATION.--Nothing in the Local Government Transparency Act shall require disclosure of information that is confidential by state or federal law.
SECTION 6. Section 10-16D-3 NMSA 1978 (being Laws 2010, Chapter 34, Section 3) is amended to read:
"10-16D-3. SUNSHINE PORTAL--DEPARTMENT DUTIES.--
A. The department, with the department of finance and administration, shall develop, operate and maintain a single internet web site that is free, user-friendly, searchable and accessible to the public, known as the "sunshine portal", to host the state's financial information for the purpose of governmental transparency and accountability to taxpayers.
B. No later than October 1, 2010, the department shall create the architecture and the information exchange process for the collection and electronic publication of the state's financial information.
C. No later than July 1, 2011, the sunshine portal shall be available for public access and include updated information as required by Subsection D of this section.
D. The sunshine portal shall provide, at a minimum, access to the following information:
(1) the state's cash balances by account or fund;
(2) a monthly summary of the state's investment accounts under the control of the state investment council;
(3) annual operating budgets for each state agency with monthly expenditures by category;
(4) contracts that a state agency enters into for the lease, sale or development of state land or if they have a total value of more than twenty thousand dollars ($20,000), naming both the recipient and purpose of the contract;
(5) the revenue that the state received in the preceding month by source, such as type of tax, fee, fine, administrative fee or other collection category;
(6) special appropriations received outside the general appropriation act by each state agency and the purpose of those appropriations;
(7) approved budget adjustment requests by state agency and affected budget category;
(8) reversions and cash balances by state agency and fund;
(9) appropriations for capital projects, identified by project location, type of project and funding source;
(10) a directory of all employee positions, other than exempt employee positions, identified only by state agency, position title and salary;
(11) a directory of all exempt employee positions, identified by state agency, position title, salary and the name of the individual that holds the position;
(12) a link to an open meeting tracker web site upon which each state agency shall post open meetings scheduled for the current month and the next month, including the time and place of the meeting, the subject of the meeting and an agenda;
(13) a link to the local government portal, maintained by the local government division of the department of finance and administration pursuant to the Local Government Transparency Act;
[(13)] (14) a link to New Mexico's statutes;
[(14)] (15) a link to the New Mexico Administrative Code;
[(15)] (16) a link to the secretary of state's web sites for lobbyist regulation;
[(16)] (17) an annual summary within three months after the end of the fiscal year of the state's fiscal health, including the state budget, revenues and expenditures for the previous fiscal year and projected revenues and operating budgets for the current fiscal year; and
[(17)] (18) additional information, as required by rule of the department of finance and administration, that will assist the public in understanding state government operations and the use of taxpayer dollars.
E. State agencies shall provide updated financial information as frequently as possible but at least monthly.
F. The department shall update the web site as new information is received but at least monthly, include information from the previous month or year, where relevant, for comparison purposes and maintain the web site as the primary source of public information about the activity of the state government."
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