0001| AN ACT | 0002| RELATING TO GOVERNMENTAL ETHICS; AMENDING, ENACTING AND RECOMPILING | 0003| SECTIONS OF THE NMSA 1978. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. A new section of the Campaign Reporting Act is | 0007| enacted to read: | 0008| "RULES AND REGULATIONS.--The secretary of state may adopt and | 0009| promulgate rules and regulations to implement the provisions of the | 0010| Campaign Reporting Act. In adopting and promulgating these rules and | 0011| regulations, the secretary of state shall comply with the provisions | 0012| of the Administrative Procedures Act. In addition to any other | 0013| notification required pursuant to the provisions of Paragraph (2) of | 0014| Subsection A of Section 12-8-4 NMSA 1978, the secretary of state shall | 0015| notify all qualified political parties in the state and the New Mexico | 0016| legislative council prior to adopting, amending or repealing any rule | 0017| or regulation." | 0018| Section 2. Section 1-19-26 NMSA 1978 (being Laws 1979, Chapter | 0019| 360, Section 2, as amended) is amended to read: | 0020| "1-19-26. DEFINITIONS.--As used in the Campaign Reporting Act: | 0021| A. "advertising campaign" means an advertisement or series | 0022| of advertisements used for a political purpose and disseminated to the | 0023| public either in print, by radio or television broadcast or by any | 0024| other electronic means, including telephonic communications, and may | 0025| include direct or bulk mailings of printed materials; | 0001| B. "anonymous contribution" means a contribution the | 0002| contributor of which is unknown to the candidate or his agent or the | 0003| political committee or its agent who accepts the contribution; | 0004| C. "bank account" means an account in a financial | 0005| institution located in New Mexico; | 0006| D. "campaign committee" means two or more persons | 0007| authorized by a candidate to raise, collect or expend contributions on | 0008| the candidate's behalf for the purpose of electing him to office; | 0009| E. "candidate" means an individual who seeks or considers | 0010| an office in an election covered by the Campaign Reporting Act, | 0011| including a public official, who either has filed a declaration of | 0012| candidacy or nominating petition or: | 0013| (1) for a non-statewide office, has received | 0014| contributions or made expenditures of one thousand dollars ($1,000) or | 0015| more or authorized another person or campaign committee to receive | 0016| contributions or make expenditures of one thousand dollars ($1,000) or | 0017| more for the purpose of seeking election to the office; or | 0018| (2) for a statewide office, has received | 0019| contributions or made expenditures of two thousand five hundred | 0020| dollars ($2,500) or more or authorized another person or campaign | 0021| committee to receive contributions or make expenditures of two | 0022| thousand five hundred dollars ($2,500) or more for the purpose of | 0023| seeking election to the office or for candidacy exploration purposes | 0024| in the years prior to the year of the election; | 0025| F. "contribution" means a gift, subscription, loan, advance | 0001| or deposit of any money or other thing of value, including the | 0002| estimated value of an in-kind contribution, that is made or received | 0003| for a political purpose, including payment of a debt incurred in an | 0004| election campaign, but does not include the value of services provided | 0005| without compensation or unreimbursed travel or other personal expenses | 0006| of individuals who volunteer a portion or all of their time on behalf | 0007| of a candidate or political committee, nor does it include the | 0008| administrative or solicitation expenses of a political committee that | 0009| are paid by an organization that sponsors the committee; | 0010| G. "deliver" or "delivery" means by certified or registered | 0011| mail, by telecopier, electronic mail or facsimile or by personal | 0012| service; | 0013| H. "election" means any primary, general or statewide | 0014| special election in New Mexico and includes county and judicial | 0015| retention elections but excludes municipal, school board and special | 0016| district elections; | 0017| I. "election year" means an even-numbered year in which an | 0018| election covered by the Campaign Reporting Act is held; | 0019| J. "expenditure" means a payment, transfer or distribution | 0020| or obligation or promise to pay, transfer or distribute any money or | 0021| other thing of value for a political purpose, including payment of a | 0022| debt incurred in an election campaign or pre-primary convention, but | 0023| does not include the administrative or solicitation expenses of a | 0024| political committee that are paid by an organization that sponsors the | 0025| committee; | 0001| K. "person" means an individual or entity; | 0002| L. "political committee" means two or more persons, other | 0003| than members of a candidate's immediate family or campaign committee | 0004| or a husband and wife who make a contribution out of a joint account, | 0005| who are selected, appointed, chosen, associated, organized or operated | 0006| primarily for a political purpose and includes political action | 0007| committees or similar organizations composed of employees or members | 0008| of any corporation, labor organization, trade or professional | 0009| association or any other similar group that raises, collects, expends | 0010| or contributes money or any other thing of value for a political | 0011| purpose; provided that a political committee includes a single | 0012| individual who by his actions represents that he is a political | 0013| committee and a person or an organization of two or more persons that | 0014| within one calendar year expends funds in excess of two thousand | 0015| dollars ($2,000) to conduct an advertising campaign for a political | 0016| purpose; | 0017| M. "political purpose" means influencing or attempting to | 0018| influence an election or pre-primary convention, including a | 0019| constitutional amendment or other question submitted to the voters; | 0020| N. "prescribed form" means a form prepared and prescribed | 0021| by the secretary of state; | 0022| O. "proper filing officer" means either the secretary of | 0023| state or the county clerk as provided in Section 1-19-27 NMSA 1978; | 0024| P. "public official" means a person elected to an office in | 0025| an election covered by the Campaign Reporting Act or a person | 0001| appointed to an office that is subject to an election covered by that | 0002| act; | 0003| Q. "reporting individual" means every public official, | 0004| candidate or treasurer of a campaign committee and every treasurer of | 0005| a political committee; and | 0006| R. "statement of exception" or "statement" means the | 0007| prescribed form subscribed and sworn to by a candidate to indicate | 0008| that the candidate does not intend to raise or expend the minimum | 0009| amount required for the filing of a report of expenditures and | 0010| contributions as provided in Section 1-19-33 NMSA 1978." | 0011| Section 3. Section 1-19-29 NMSA 1978 (being Laws 1993, Chapter | 0012| 46, Section 5, as amended) is amended to read: | 0013| "1-19-29. TIME AND PLACE OF FILING REPORTS.-- | 0014| A. Annually, all reporting individuals shall file with the | 0015| proper filing officer by 5:00 p.m. on the second Monday in May a | 0016| report of all expenditures made and contributions received on or | 0017| before the first Monday in May and not previously reported. The | 0018| report shall be filed annually until the reporting individual's bank | 0019| account has been closed and the other provisions specified in | 0020| Subsection E of this section have been satisfied. | 0021| B. In an election year, in addition to the May report | 0022| provided for in Subsection A of this section, all reporting | 0023| individuals, except for persons who file a statement of exception | 0024| pursuant to Section 1-19-33 NMSA 1978 and except for public officials | 0025| who are not candidates in an election that year, shall file reports of | 0001| all expenditures made and contributions received according to the | 0002| following schedule: | 0003| (1) by 5:00 p.m. on the second Monday in October, a | 0004| report of all expenditures made and contributions received on or | 0005| before the first Monday in October and not previously reported; | 0006| (2) by 5:00 p.m. on the Thursday before a primary, | 0007| general or statewide special election, a report of all expenditures | 0008| made and contributions received by 5:00 p.m. on the Tuesday before the | 0009| election. Any contribution or pledge to contribute that is received | 0010| after 5:00 p.m. on the Tuesday before the election and that is for | 0011| five hundred dollars ($500) or more in a legislative or nonstatewide | 0012| judicial election, or two thousand five hundred dollars ($2,500) or | 0013| more in a statewide election, shall be reported to the proper filing | 0014| officer either in a supplemental report on a prescribed form within | 0015| twenty-four hours of receipt or in the report to be filed by 5:00 p.m. | 0016| on the Thursday before a primary, general or statewide special | 0017| election, except that any such contribution or pledge to contribute | 0018| that is received after 5:00 p.m. on the Friday before the election may | 0019| be reported by 12:00 noon on the Monday before the election; and | 0020| (3) by 5:00 p.m. on the thirtieth day after a | 0021| primary, general or statewide special election, a report of all | 0022| expenditures made and contributions received on or before the twenty- | 0023| fifth day after the election and not previously reported. | 0024| C. Notwithstanding the other provisions of this section, | 0025| the report due on the thirtieth day after an election need be the only | 0001| report filed after the annual May report if the candidate is not | 0002| opposed in the election and if the report includes all expenditures | 0003| made and contributions received for that election and not previously | 0004| reported. | 0005| D. A report of expenditures and contributions filed after a | 0006| deadline set forth in this section shall not be deemed to have been | 0007| timely filed. | 0008| E. Each reporting individual shall file a report of | 0009| expenditures and contributions annually pursuant to the filing | 0010| schedule set forth in this section, regardless of whether any | 0011| expenditures were made or contributions were received during the | 0012| reporting period. Reports shall be required until the reporting | 0013| individual delivers a report to the proper filing officer stating | 0014| that: | 0015| (1) there are no outstanding campaign debts; | 0016| (2) all money has been expended in accordance with | 0017| the provisions of Section 1-19-29.1 NMSA 1978; and | 0018| (3) the bank account has been closed. | 0019| F. Each treasurer of a political committee shall file a | 0020| report of expenditures and contributions annually pursuant to the | 0021| filing schedule set forth in this section until the treasurer files a | 0022| report that affirms that the committee has dissolved or no longer | 0023| exists and that its bank account has been closed. | 0024| G. A reporting individual who is a candidate within the | 0025| meaning of the Campaign Reporting Act because of the amount of | 0001| contributions he receives or expenditures he makes and who does not | 0002| ultimately file a declaration of candidacy or a nominating petition | 0003| with the proper filing officer shall nevertheless file a report, not | 0004| later than the second Monday in May for a primary election or the | 0005| second Monday in October for a general election, of all contributions | 0006| received and expenditures made on or before the first Monday in May | 0007| for a primary election or the first Monday in October for a general | 0008| election, and not previously reported." | 0009| Section 4. Section 1-19-34.4 NMSA 1978 (being Laws 1993, Chapter | 0010| 46, Section 15, as amended) is amended to read: | 0011| "1-19-34.4. EDUCATION AND VOLUNTARY COMPLIANCE--INVESTIGATIONS-- | 0012| BINDING ARBITRATION--REFERRALS FOR ENFORCEMENT.-- | 0013| A. The secretary of state shall advise and seek to educate | 0014| all persons required to perform duties under the Campaign Reporting | 0015| Act of those duties. This includes advising all known reporting | 0016| individuals at least annually of that act's deadlines for submitting | 0017| required reports and statements of exception. The secretary of state, | 0018| in consultation with the attorney general, shall issue advisory | 0019| opinions, when requested in writing to do so, on matters concerning | 0020| that act. All prescribed forms prepared shall be clear and easy to | 0021| complete. | 0022| B. The secretary of state may initiate investigations to | 0023| determine whether any provision of the Campaign Reporting Act has been | 0024| violated. Additionally, any person who believes that a provision of | 0025| that act has been violated may file a written complaint with the | 0001| secretary of state any time prior to ninety days after an election, | 0002| except that no complaints from the public may be filed within eight | 0003| days prior to an election. The secretary of state shall adopt | 0004| procedures for issuing advisory opinions and processing complaints and | 0005| notifications of violations. | 0006| C. The secretary of state shall at all times seek to ensure | 0007| voluntary compliance with the provisions of the Campaign Reporting | 0008| Act. If the secretary of state determines that a provision of that | 0009| act for which a penalty may be imposed has been violated, the | 0010| secretary of state shall by written notice set forth the violation and | 0011| the fine imposed and inform the reporting individual that he has ten | 0012| working days from the date of the letter to correct the matter and to | 0013| provide a written explanation, under penalty of perjury, stating any | 0014| reason why the violation occurred. If a timely explanation is filed | 0015| and the secretary of state determines that good cause exists to waive | 0016| the fine imposed, the secretary of state may by a written notice of | 0017| final action partially or fully waive any fine imposed for any late, | 0018| incomplete or false report or statement of exception. A written | 0019| notice of final action shall be sent by certified mail. | 0020| D. Upon receipt of the notice of final action, the person | 0021| against whom the penalty has been imposed may protest the secretary of | 0022| state's determination, including an advisory opinion, by submitting on | 0023| a prescribed form a written request for binding arbitration to the | 0024| secretary of state within ten working days of the date of the notice | 0025| of final action. Any fine imposed shall be due and payable within ten | 0001| working days of the date of notice of final action. No additional | 0002| fine shall accrue pending the issuance of the arbitration decision. | 0003| Fines paid pursuant to a notice of final action that are subsequently | 0004| reduced or dismissed shall be reimbursed with interest within ten | 0005| working days after the filing of the arbitration decision with the | 0006| secretary of state. Interest on the reduced or dismissed portion of | 0007| the fine shall be the same as the rate of interest earned by the | 0008| secretary of state's escrow account to be established by the | 0009| department of finance and administration. | 0010| E. An arbitration hearing shall be conducted by a single | 0011| arbitrator selected within ten days by the person against whom the | 0012| penalty has been imposed from a list of five arbitrators provided by | 0013| the secretary of state. Neither the secretary of state nor a person | 0014| subject to the Campaign Reporting Act, Lobbyist Regulation Act or | 0015| Financial Disclosure Act may serve as an arbitrator. Arbitrators | 0016| shall be considered to be independent contractors, not public officers | 0017| or employees, and shall not be paid per diem and mileage. | 0018| F. The arbitrator shall conduct the hearing within thirty | 0019| days of the request for arbitration. The arbitrator may impose any | 0020| penalty the secretary of state is authorized to impose. The | 0021| arbitrator shall state the reasons for his decision in a written | 0022| document that shall be a public record. The decision shall be final | 0023| and binding. The decision shall be issued and filed with the | 0024| secretary of state within thirty days of the conclusion of the | 0025| hearing. Unless otherwise provided for in this section or by rule or | 0001| regulation adopted by the secretary of state, the procedures for the | 0002| arbitration shall be governed by the Uniform Arbitration Act. No | 0003| arbitrator shall be subject to liability for actions taken pursuant to | 0004| this section. | 0005| G. The secretary of state may refer a matter to the | 0006| attorney general or a district attorney for a civil injunctive or | 0007| other appropriate order or for criminal enforcement." | 0008| Section 5. Section 1-19-35 NMSA 1978 (being Laws 1979, Chapter | 0009| 360, Section 11, as amended) is amended to read: | 0010| "1-19-35. REPORTS AND STATEMENTS--LATE FILING PENALTY--FAILURE | 0011| TO FILE.-- | 0012| A. Except for the report required to be filed and delivered | 0013| the Thursday prior to the election and any supplemental report, as | 0014| required in Paragraph (2) of Subsection B of Section 1-19-29 NMSA | 0015| 1978, that is due prior to the election, and subject to the provisions | 0016| of Section 1-19-34.4 NMSA 1978, if a statement of exception or a | 0017| report of expenditures and contributions contains false or incomplete | 0018| information or is filed after any deadline imposed by the Campaign | 0019| Reporting Act, the responsible reporting individual or political | 0020| committee, in addition to any other penalties or remedies prescribed | 0021| by the Election Code, shall be liable for and shall pay to the | 0022| secretary of state fifty dollars ($50.00) per day for each regular | 0023| working day after the time required by the Campaign Reporting Act for | 0024| the filing of statements of exception or reports of expenditures and | 0025| contributions until the complete or true statement or report is filed, | 0001| up to a maximum of five thousand dollars ($5,000). | 0002| B. If any reporting individual files a false, incomplete or | 0003| late report of expenditures and contributions due on the Thursday | 0004| prior to the election, the reporting individual or political committee | 0005| shall be liable and pay to the secretary of state five hundred dollars | 0006| ($500) for the first working day and fifty dollars ($50.00) for each | 0007| subsequent working day after the time required for the filing of the | 0008| report until the true and complete report is filed, up to a maximum of | 0009| five thousand dollars ($5,000). | 0010| C. If a reporting individual fails to file or files a late | 0011| supplemental report of expenditures and contributions as required in | 0012| Paragraph (2) of Subsection B of Section 1-19-29 NMSA 1978, the | 0013| reporting individual or political committee shall be liable for and | 0014| pay to the secretary of state a penalty equal to the amount of each | 0015| contribution received or pledged after the Tuesday before the election | 0016| that was not timely filed. | 0017| D. All sums collected for the penalty shall be deposited in | 0018| the state general fund. A report or statement of exception shall be | 0019| deemed timely filed only if it is received by the proper filing | 0020| officer by the date and time prescribed by law. | 0021| E. Any candidate who fails or refuses to file a report of | 0022| expenditures and contributions or statement of exception or to pay a | 0023| penalty imposed by the secretary of state as required by the Campaign | 0024| Reporting Act shall not, in addition to any other penalties provided | 0025| by law: | 0001| (1) have his name printed upon the ballot if the | 0002| violation occurs before and through the final date for the withdrawal | 0003| of candidates; or | 0004| (2) be issued a certificate of nomination or | 0005| election, if the violation occurs after the final date for withdrawal | 0006| of candidates or after the election, until the candidate satisfies all | 0007| reporting requirements of the Campaign Reporting Act and pays all | 0008| penalties owed. | 0009| F. Any candidate who loses an election and who failed or | 0010| refused to file a report of expenditures and contributions or a | 0011| statement of exception or to pay a penalty imposed by the secretary of | 0012| state as required by the Campaign Reporting Act shall not be, in | 0013| addition to any other penalties provided by law, permitted to file a | 0014| declaration of candidacy or nominating petition for any future | 0015| election until the candidate satisfies all reporting requirements of | 0016| that act and pays all penalties owed." | 0017| Section 6. Section 2-11-6 NMSA 1978 (being Laws 1977, Chapter | 0018| 261, Section 6, as amended) is amended to read: | 0019| "2-11-6. EXPENDITURE REPORT TO BE FILED--CONTENTS--REPORTING | 0020| PERIODS.-- | 0021| A. Each lobbyist or lobbyist's employer who makes or incurs | 0022| expenditures or political contributions for the benefit of or in | 0023| opposition to a state legislator or candidate for the state | 0024| legislature, a state public officer or candidate for state public | 0025| office, a board or commission member or state employee who is involved | 0001| in an official action affecting the lobbyist's employer or in support | 0002| of or in opposition to a ballot issue or pending legislation or | 0003| official action shall file an expenditure report with the secretary of | 0004| state on a prescribed form or in an electronic format approved by the | 0005| secretary of state. The expenditure report shall include a sworn | 0006| statement that sets forth: | 0007| (1) the cumulative total of the expenditures made or | 0008| incurred, separated into categories that identify the total separate | 0009| amounts spent on: | 0010| (a) meals and beverages; | 0011| (b) other entertainment expenditures; | 0012| (c) gifts; and | 0013| (d) other expenditures; | 0014| (2) each political contribution made, identified by | 0015| amount, date and name of the candidate or ballot issue supported or | 0016| opposed; and | 0017| (3) the names, addresses and occupations of other | 0018| contributors and the amounts of their separate political contributions | 0019| if the lobbyist or lobbyist's employer delivers directly or indirectly | 0020| separate contributions from those contributors in excess of five | 0021| hundred dollars ($500) in the aggregate for each election to a | 0022| candidate, a campaign committee or anyone authorized by a candidate to | 0023| receive funds on his behalf. | 0024| B. If the expenditure report is filed electronically, the | 0025| report shall be subscribed and sworn to in an independent affidavit | 0001| that shall be delivered to the secretary of state within forty-eight | 0002| hours after the expenditure report is electronically filed. | 0003| C. In identifying expenditures pursuant to the provisions | 0004| of Paragraph (1) of Subsection A of this section, any individual | 0005| expenditure that is more than the threshold level established in the | 0006| Internal Revenue Code of 1986, as amended, that must be reported | 0007| separately to claim a business expense deduction, as published by the | 0008| secretary of state, shall be identified by amount, date, purpose, type | 0009| of expenditure and name of the person who received or was benefited by | 0010| the expenditure; provided, in the case of special events, including | 0011| parties, dinners, athletic events, entertainment and other functions, | 0012| to which all members of the legislature, to which all members of | 0013| either house or any legislative committee or to which all members of a | 0014| board or commission are invited, expenses need not be allocated to | 0015| each individual who attended, but the date, location, name of the body | 0016| invited and total expenses incurred shall be reported. | 0017| D. The reports required pursuant to the provisions of the | 0018| Lobbyist Regulation Act shall be filed: | 0019| (1) by January 15 for all expenditures and political | 0020| contributions made or incurred during the preceding year and not | 0021| previously reported; | 0022| (2) within forty-eight hours for each separate | 0023| expenditure made or incurred during a legislative session that was for | 0024| five hundred dollars ($500) or more; and | 0025| (3) by May 1 for all expenditures and political | 0001| contributions made or incurred through April 25 of the current year | 0002| and not previously reported. | 0003| E. A lobbyist's personal living expenses and the expenses | 0004| incidental to establishing and maintaining an office in connection | 0005| with lobbying activities or compensation paid to a lobbyist by a | 0006| lobbyist's employer need not be reported. | 0007| F. A lobbyist or lobbyist's employer shall obtain and | 0008| preserve all records, accounts, bills, receipts, books, papers and | 0009| documents necessary to substantiate the financial statements required | 0010| to be made under the Lobbyist Regulation Act for a period of two years | 0011| from the date of filing of the report containing such items. When the | 0012| lobbyist is required under the terms of his employment to turn over | 0013| any such records to his employer, responsibility for the preservation | 0014| of them as required by this section and the filing of reports required | 0015| by this section shall rest with the employer. Such records shall be | 0016| made available to the secretary of state or attorney general upon | 0017| written request. | 0018| G. Any lobbyist's employer who also engages in lobbying | 0019| shall comply with the provisions of the Lobbyist Regulation Act. | 0020| H. An organization of two or more persons, including an | 0021| individual who holds himself out as an organization, that within one | 0022| calendar year expends funds in excess of two thousand five hundred | 0023| dollars ($2,500) not otherwise reported under the Lobbyist Regulation | 0024| Act to conduct an advertising campaign for the purpose of lobbying | 0025| shall register with the secretary of state within forty-eight hours | 0001| after expending two thousand five hundred dollars ($2,500). Such | 0002| registration shall indicate the name of the organization and the | 0003| names, addresses and occupations of any of its principals, organizers | 0004| or officers and shall include the name of any lobbyist or lobbyist's | 0005| employer who is a member of the organization. Within fifteen days | 0006| after a legislative session, the organization shall report the | 0007| contributions, pledges to contribute, expenditures and commitments to | 0008| expend for the advertising campaign for the purpose of lobbying, | 0009| including the names, addresses and occupations of the contributors, to | 0010| the secretary of state on a prescribed form." | 0011| Section 7. Section 2-11-8.2 NMSA 1978 (being Laws 1977, Chapter | 0012| 261, Section 4, as amended) is amended to read: | 0013| "2-11-8.2. COMPLIANCE WITH ACT--ENFORCEMENT OF ACT-- | 0014| BINDING ARBITRATION--CIVIL PENALTIES.-- | 0015| A. The secretary of state shall advise and seek to educate | 0016| all persons required to perform duties pursuant to the Lobbyist | 0017| Regulation Act of those duties. This includes advising all registered | 0018| lobbyists at least annually of the Lobbyist Regulation Act's deadlines | 0019| for submitting required reports. The secretary of state, in | 0020| consultation with the attorney general, shall issue advisory opinions, | 0021| when requested to do so in writing, on matters concerning the Lobbyist | 0022| Regulation Act. All prescribed forms prepared shall be clear and easy | 0023| to complete. | 0024| B. The secretary of state may conduct thorough examinations | 0025| of reports and initiate investigations to determine whether the | 0001| Lobbyist Regulation Act has been violated. Additionally, any person | 0002| who believes that a provision of that act has been violated may file a | 0003| written complaint with the secretary of state. The secretary of state | 0004| shall adopt procedures for issuing advisory opinions, processing | 0005| complaints and notifications of violations. | 0006| C. The secretary of state shall at all times seek to ensure | 0007| voluntary compliance with the provisions of the Lobbyist Regulation | 0008| Act. If the secretary of state determines that a provision of that | 0009| act for which a penalty may be imposed has been violated, the | 0010| secretary of state shall by written notice set forth the violation and | 0011| the fine imposed and inform the person that he has ten working days to | 0012| provide a written explanation, under penalty of perjury, stating any | 0013| reason the violation occurred. If a timely explanation is filed and | 0014| the secretary of state determines that good cause exists, the | 0015| secretary of state may by a written notice of final action partially | 0016| or fully waive any fine imposed. A written notice of final action | 0017| shall be sent by certified mail. | 0018| D. If the person charged disputes the secretary of state's | 0019| determination, including an advisory opinion, the person charged may | 0020| request binding arbitration within ten working days of the date of the | 0021| final action. Any penalty imposed shall be due and payable within ten | 0022| working days of the notice of final action. No additional penalty | 0023| shall accrue pending issuance of the arbitration decision. Fines paid | 0024| pursuant to a notice of final action that are subsequently reduced or | 0025| dismissed shall be reimbursed with interest within ten working days | 0001| after the filing of the arbitration decision with the secretary of | 0002| state. Interest on the reduced or dismissed portion of the fine shall | 0003| be the same as the rate of interest earned by the secretary of state's | 0004| escrow account to be established by the department of finance and | 0005| administration. | 0006| E. An arbitration hearing shall be conducted by a single | 0007| arbitrator selected within ten days by the person against whom the | 0008| penalty has been imposed from a list of five arbitrators provided by | 0009| the secretary of state. Neither the secretary of state nor a person | 0010| subject to the Lobbyist Regulation Act, Campaign Reporting Act or | 0011| Financial Disclosure Act may serve as an arbitrator. Arbitrators | 0012| shall be considered to be independent contractors, not public officers | 0013| or employees, and shall not be paid per diem and mileage. | 0014| F. The arbitrator may impose any penalty and take any | 0015| action the secretary of state is authorized to take. The arbitrator | 0016| shall state the reasons for his decision in a written document that | 0017| shall be a public record. The decision shall be final and binding. | 0018| The decision shall be issued and filed with the secretary of state | 0019| within thirty days of the conclusion of the hearing. Unless otherwise | 0020| provided for in this section, or by rule or regulation adopted by the | 0021| secretary of state, the procedures for the arbitration shall be | 0022| governed by the Uniform Arbitration Act. No arbitrator shall be | 0023| subject to liability for actions taken pursuant to this section. | 0024| G. Any person who files a report after the deadline imposed | 0025| by the Lobbyist Regulation Act, or any person who files a false or | 0001| incomplete report, shall be liable for and shall pay to the secretary | 0002| of state fifty dollars ($50.00) per day for each regular working day | 0003| after the time required for the filing of the report until the | 0004| complete report is filed, up to a maximum of five thousand dollars | 0005| ($5,000). | 0006| H. The secretary of state may refer a matter to the | 0007| attorney general or a district attorney for a civil injunctive or | 0008| other appropriate order or enforcement." | 0009| Section 8. Section 10-16A-3 NMSA 1978 (being Laws 1993, Chapter | 0010| 46, Section 41, as amended) is amended to read: | 0011| "10-16A-3. REQUIRED DISCLOSURES FOR CERTAIN CANDIDATES AND | 0012| PUBLIC OFFICERS AND EMPLOYEES--CONDITION FOR PLACEMENT ON BALLOT OR | 0013| APPOINTMENT.-- | 0014| A. At the time of filing a declaration of candidacy or | 0015| nominating petition, a candidate for legislative or statewide office | 0016| shall file with the proper filing officer, as defined in Section | 0017| 1-8-25 NMSA 1978, a financial disclosure statement on a prescribed | 0018| form. In addition, each year thereafter during the month of January, | 0019| a legislator and a person holding a statewide office shall file with | 0020| the proper filing officer a financial disclosure statement. If the | 0021| proper filing officer is not the secretary of state, the proper filing | 0022| officer shall forward a copy of the financial disclosure statement to | 0023| the secretary of state within seventy-two hours. | 0024| B. A state agency head or official whose appointment to a | 0025| board or commission is subject to confirmation by the senate shall | 0001| file with the secretary of state a financial disclosure statement | 0002| within thirty days of appointment and during the month of January | 0003| every year thereafter that he holds public office. | 0004| C. The financial disclosure statement shall include for any | 0005| person identified in Subsection A or B of this section and the | 0006| person's spouse the following information for the prior calendar year: | 0007| (1) the full name, mailing address and residence | 0008| address of each person covered in the disclosure statement, except the | 0009| address of the spouse need not be disclosed; the name and address of | 0010| the person's and spouse's employer and the title or position held; and | 0011| a brief description of the nature of the business or occupation; | 0012| (2) all sources of gross income of more than five | 0013| thousand dollars ($5,000) to each person covered in the disclosure | 0014| statement, identified by general category descriptions that disclose | 0015| the nature of the income source, in the following broad categories: | 0016| law practice or consulting operation or similar business, finance and | 0017| banking, farming and ranching, medicine and health care, insurance (as | 0018| a business and not as payment on an insurance claim), oil and gas, | 0019| transportation, utilities, general stock market holdings, bonds, | 0020| government, education, manufacturing, real estate, consumer goods | 0021| sales with a general description of the consumer goods and the | 0022| category "other", with direction that the income source be similarly | 0023| described. In describing a law practice, consulting operation or | 0024| similar business of the person or spouse, the major areas of | 0025| specialization or income sources shall be described, and if the spouse | 0001| or a person in the reporting person's or spouse's law firm, consulting | 0002| operation or similar business is or was during the reporting calendar | 0003| year or the prior calendar year a registered lobbyist under the | 0004| Lobbyist Regulation Act, the names and addresses of all clients | 0005| represented for lobbying purposes during those two years shall be | 0006| disclosed; | 0007| (3) a general description of the type of real estate | 0008| owned in New Mexico, other than a personal residence, and the county | 0009| where it is located; | 0010| (4) all other New Mexico business interests not | 0011| otherwise listed of ten thousand dollars ($10,000) or more in a New | 0012| Mexico business or entity, including any position held and a general | 0013| statement of purpose of the business or entity; | 0014| (5) all memberships held by the reporting individual | 0015| and his spouse on boards of for-profit businesses in New Mexico; | 0016| (6) all New Mexico professional licenses held; | 0017| (7) each state agency that was sold goods or services | 0018| in excess of five thousand dollars ($5,000) during the prior calendar | 0019| year by a person covered in the disclosure statement; | 0020| (8) each state agency, other than a court, before | 0021| which a person covered in the disclosure statement represented or | 0022| assisted clients in the course of his employment during the prior | 0023| calendar year; and | 0024| (9) a general category that allows the person filing | 0025| the disclosure statement to provide whatever other financial interest | 0001| or additional information the person believes should be noted to | 0002| describe potential areas of interest that should be disclosed. | 0003| D. A complete financial disclosure statement shall be filed | 0004| every year. The secretary of state shall mail each elected official | 0005| required to file a financial disclosure statement a copy of any | 0006| statement the person filed the previous year. | 0007| E. The financial disclosure statements filed pursuant to | 0008| this section are public records open to public inspection during | 0009| regular office hours and shall be retained by the state for five years | 0010| from the date of filing. | 0011| F. A person who files a financial disclosure statement may | 0012| file an amended statement at any time to reflect significant changed | 0013| circumstances that occurred since the last statement was filed. | 0014| G. Any candidate for a legislative or statewide office who | 0015| fails or refuses to file a financial disclosure statement required by | 0016| this section before the final date for the withdrawal of candidates | 0017| provided for in the Election Code shall not have his name printed on | 0018| the election ballot. | 0019| H. For a state agency head or an official whose appointment | 0020| to a board or commission is subject to confirmation by the senate, the | 0021| filing of the financial disclosure statement required by this section | 0022| is a condition of entering upon and continuing in state employment or | 0023| holding an appointed position." | 0024| Section 9. Section 10-16A-6 NMSA 1978 (being Laws 1993, Chapter | 0025| 46, Section 44) is amended to read: | 0001| "10-16A-6. INVESTIGATIONS--BINDING ARBITRATION--FINES-- | 0002| ENFORCEMENT.-- | 0003| A. The secretary of state may conduct thorough examinations | 0004| of statements and initiate investigations to determine whether the | 0005| Financial Disclosure Act has been violated. Any person who believes | 0006| that act has been violated may file a written complaint with the | 0007| secretary of state. The secretary of state shall adopt procedures for | 0008| processing complaints and notifications of violations. | 0009| B. If the secretary of state determines that a violation | 0010| has occurred for which a penalty should be imposed, the secretary of | 0011| state shall so notify the person charged and impose the penalty. If | 0012| the person charged disputes the secretary of state's determination, | 0013| the person charged may request binding arbitration. | 0014| C. The arbitration decision shall be decided by a single | 0015| arbitrator selected within ten days by the person against whom the | 0016| penalty has been imposed from a list of five arbitrators provided by | 0017| the secretary of state. No arbitrator may be a person subject to the | 0018| Financial Disclosure Act, Campaign Reporting Act or Lobbyist | 0019| Regulation Act. Arbitrators shall be considered to be independent | 0020| contractors, not public officers or employees, and shall not be paid | 0021| per diem and mileage. | 0022| D. The arbitrator may take any action the secretary of | 0023| state is authorized to take. The arbitrator shall state the reasons | 0024| for his decision in a written document that shall be a public record. | 0025| The decision shall be final and binding. The decision shall be issued | 0001| within thirty days of the conclusion of the hearing. Unless otherwise | 0002| provided for in this section, or by rule or regulation adopted by the | 0003| secretary of state, the procedures for the arbitration shall be | 0004| governed by the Uniform Arbitration Act. No arbitrator shall be | 0005| subject to liability for actions taken pursuant to this section. | 0006| E. Any person who files a statement or report after the | 0007| deadline imposed by the Financial Disclosure Act or any person who | 0008| files a false or incomplete statement or report is liable for and | 0009| shall pay to the secretary of state, at or from the time initially | 0010| required for the filing, fifty dollars ($50.00) per day for each | 0011| regular working day after the time required for the filing of the | 0012| statement or report until the complete report is filed, up to a | 0013| maximum of five thousand dollars ($5,000). | 0014| F. The secretary of state may refer a matter to the | 0015| attorney general or a district attorney for a civil injunctive or | 0016| other appropriate order or enforcement." | 0017| Section 10. TEMPORARY PROVISION--RECOMPILATION.--Section | 0018| 10-16-16 NMSA 1978 (being Laws 1980, Chapter 86, Section 1) is | 0019| recompiled as Section 27-2-12.7 NMSA 1978. |