0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 711
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004| INTRODUCED BY
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CAMPAIGN PRACTICES; AUTHORIZING THE INTERIM
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0013| LEGISLATIVE ETHICS COMMITTEE TO INVESTIGATE COMPLAINTS OF FALSE
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0014| STATEMENTS MADE BY CANDIDATES ABOUT THEIR OPPONENTS DURING
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0015| CAMPAIGN FOR LEGISLATIVE OFFICE.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 2-15-8 NMSA 1978 (being Laws 1993,
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0019| Chapter 46, Section 53) is amended to read:
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0020| "2-15-8. INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.--
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0021| The interim legislative ethics committee is authorized to:
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0022| A. issue advisory opinions on the interpretation
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0023| and enforcement of ethical principles as applied to the
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0024| legislature;
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0025| B. investigate complaints from another member of
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0001| the legislature or a member of the public alleging misconduct
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0002| of a legislator;
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0003| C. investigate complaints from a member of the
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0004| legislature or a member of the public alleging that a duly
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0005| qualified candidate for a state legislative office knowingly
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0006| made a false statement, whether verbally, in print, in a radio
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0007| or television broadcast or by any other means, about a duly
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0008| qualified opponent during a campaign for any legislative
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0009| office;
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0010| [C.] D. investigate referrals made to the co-
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0011| chairmen of the New Mexico legislative council from the
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0012| attorney general, the secretary of state or a district
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0013| attorney;
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0014| [D.] E. hire special counsel or independent hearing
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0015| officers as necessary; and
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0016| [E.] F. make recommendations to the respective
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0017| houses by the end of the first full week of the next convened
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0018| regular session regarding proposed sanctions for ethical
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0019| misconduct of legislators and candidates for the legislature."
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0020| Section 2. Section 2-15-9 NMSA 1978 (being Laws 1993,
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0021| Chapter 46, Section 54) is amended to read:
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0022| "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE--
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0023| PROCEDURES--CONFIDENTIALITY.--
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0024| A. Except as provided in this section, the
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0025| New Mexico legislative council shall develop procedures to
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0001| carry out the provisions of this section, in accordance with
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0002| the existing procedures in the house and senate rules.
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0003| B. A member of the interim legislative ethics
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0004| committee [shall be] is ineligible to participate in any matter
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0005| relating directly to that member's conduct or to a campaign for a
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0006| legislative office in which that member is participating. In any
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0007| such case, a substitute member to the committee shall be appointed
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0008| from the same house from the same political party by the
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0009| appropriate appointing authority. A member may seek to be
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0010| disqualified from any matter brought before the interim
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0011| legislative ethics committee on the grounds that the member cannot
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0012| render a fair and impartial decision. Disqualification must be
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0013| approved by a majority vote of the remaining members of the
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0014| committee. In any such case, a substitute member to the committee
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0015| shall be appointed from the same political party as provided in
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0016| this section.
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0017| C. The interim legislative ethics committee is
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0018| authorized to issue advisory opinions on matters relating to
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0019| ethical conduct during the interim. Any question relating to the
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0020| interpretation and enforcement of ethical principles as applied to
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0021| the legislature may be submitted in writing to the New Mexico
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0022| legislative council by a legislator describing a real or
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0023| hypothetical situation and requesting an advisory opinion
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0024| establishing an appropriate standard of ethical conduct for that
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0025| situation. The question shall be referred to the [joint] interim
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0001| legislative ethics committee.
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0002| D. The interim legislative ethics committee is
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0003| authorized to investigate complaints from members of the
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0004| legislature or members of the public alleging that a legislator or
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0005| a duly qualified candidate for a state legislative office has made
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0006| one or more false statements about a duly qualified campaign
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0007| opponent.
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0008| [D.] E. To initiate any action during the interim on
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0009| alleged misconduct, any legislator or member of the public may
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0010| file a written, sworn complaint setting forth, with specificity,
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0011| the facts alleged to constitute unethical conduct. A complaint
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0012| shall be filed with the New Mexico legislative council. Upon
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0013| receipt of the complaint, the co-chairmen of the New Mexico
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0014| legislative council shall convene the interim legislative ethics
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0015| committee.
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0016| [E.] F. The interim legislative ethics committee shall
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0017| maintain rules of confidentiality unless the legislator against
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0018| whom a complaint is filed waives the rules or any part of them in
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0019| writing. The confidentiality rules shall include the following
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0020| provisions:
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0021| (1) the complainant, the committee and its staff
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0022| shall not publicly disclose any information relating to the filing
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0023| or investigation of a complaint, including the identity of the
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0024| complainant or respondent, until after a finding of probable cause
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0025| has been made that a violation has occurred;
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0001| (2) the identity of the complainant shall be
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0002| released to the respondent immediately upon request; and
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0003| (3) no member of the committee or its staff may
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0004| knowingly disclose any confidential information except as
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0005| authorized by the committee.
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0006| G. If the interim legislative ethics committee finds
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0007| that a legislator or duly qualified candidate has made a false
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0008| statement about a duly qualified campaign opponent, the committee
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0009| shall issue a written report of its finding and shall forward a
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0010| copy of the written report to the complainant. A separate copy of
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0011| the written report shall be made available for public inspection
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0012| in the office of the legislative council service."
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