HOUSE BILL 537

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Zachary J. Cook

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; DEFINING TERMS RELATED TO PROHIBITED POLITICAL ACTIVITY; DEFINING "PUBLIC NOTICE"; CLARIFYING ACCEPTABLE USES OF PUBLIC RESOURCES.

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

     SECTION 1. Section 10-16-2 NMSA 1978 (being Laws 1967, Chapter 306, Section 2, as amended) is amended to read:

     "10-16-2. DEFINITIONS.--As used in the Governmental Conduct Act:

          A. "business" means a corporation, partnership, sole proprietorship, firm, organization or individual carrying on a business;

          B. "confidential information" means information that by law or practice is not available to the public;

          C. "contract" means an agreement or transaction having a value of more than one thousand dollars ($1,000) with a state or local government agency for:

                (1) the rendition of services, including professional services;

                (2) the furnishing of any material, supplies or equipment;

                (3) the construction, alteration or repair of any public building or public work;

                (4) the acquisition, sale or lease of any land or building;

                (5) a licensing arrangement;

                (6) a loan or loan guarantee; or

                (7) the purchase of financial securities or instruments;

          D. "employment" means rendering of services for compensation in the form of salary as an employee;

          E. "family" means an individual's spouse, parents, children or siblings, by consanguinity or affinity;

          F. "financial interest" means an interest held by an individual or the individual's family that is:

                (1) an ownership interest in business or property; or

                (2) any employment or prospective employment for which negotiations have already begun;

          G. "local government agency" means a political subdivision of the state or an agency of a political subdivision of the state;

          H. "official act" means an official decision, recommendation, approval, disapproval or other action that involves the use of discretionary authority;

          I. "political purpose" means to support or oppose the nomination or election of candidates in elections or passage or defeat of ballot propositions;

          J. "public notice" means disclosing in written form to the state agency or local public body with which the public office or employee is associated along with posting of the disclosure in a public space, agency web site or local newspaper in a manner adequate to serve the purposes of transparency and accountability;

          [I.] K. "public officer or employee" means any elected or appointed official or employee of a state agency or local government agency who receives compensation in the form of salary or is eligible for per diem or mileage but excludes legislators;

          L. "public resources" means facilities, services, vehicles, property or supplies produced or paid for with public funds and includes the service of public officers or employees during normal working hours;

          [J.] M. "standards" means the conduct required by the Governmental Conduct Act;

          [K.] N. "state agency" means any branch, agency, instrumentality or institution of the state; and

          [L.] O. "substantial interest" means an ownership interest that is greater than twenty percent."

     SECTION 2. Section 10-16-3.1 NMSA 1978 (being Laws 2007, Chapter 362, Section 9, as amended) is amended to read:

     "10-16-3.1. PROHIBITED POLITICAL ACTIVITIES--USE OF PUBLIC RESOURCES.--A public officer or employee is prohibited from:

          A. directly or indirectly coercing or attempting to coerce another public officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for a political purpose;

          B. threatening to deny a promotion or pay increase to an employee who does or does not vote for certain candidates or ballot issues, requiring an employee to contribute a percentage of the employee's pay to a political fund, influencing a subordinate employee to purchase a ticket to a political fundraising dinner or similar event, advising an employee to take part in political activity or similar activities; or

          C. violating the officer's or employee's duty not to use [property] public resources belonging to a state agency or local government agency, or allow its use, [for] other than for purposes authorized [purposes] by law or for any political purpose; provided that this prohibition not be construed to prohibit the following:

                (1) a statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;

                (2) a communication that factually describes the purposes of a measure if the communication does not advocate the passage or defeat of the measure;

                (3) de minimis use of public resources by elected officials incidental to the preparation or delivery of communications, including written and verbal communications initiated by them, of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities; and

                (4) activities that are part of the normal and regular duties of the office or agency."

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