0001|                        SENATE BILL 264
    |
0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
    |
0003|     1996
    |
0004|                         INTRODUCED BY
    |
0005|                      MARY JANE M. GARCIA
    |
0006|     
    |
0007|                                
    |
0008|     
    |
0009|     
    |
0010|     
    |
0011|                             AN ACT
    |
0012|     RELATING TO GOVERNMENTAL CONDUCT; APPLYING THE GOVERNMENTAL
    |
0013|     CONDUCT ACT TO COUNTY OFFICERS.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|       Section 1.  Section 10-16-2 NMSA 1978 (being Laws 1967,
    |
0017|     Chapter 306, Section 2, as amended) is amended to read:
    |
0018|       "10-16-2.  DEFINITIONS.--As used in the Governmental
    |
0019|     Conduct Act:
    |
0020|            A.  "business" means a corporation, partnership, sole
    |
0021|     proprietorship, firm, organization or individual carrying on a
    |
0022|     business;
    |
0023|            B.  "confidential information" means information that
    |
0024|     by law or practice is not available to the public;
    |
0025|            C.  "employment" means rendering of services for
    |
0001|     compensation in the form of salary as an employee;
    |
0002|            D.  "financial interest" means an interest held by an
    |
0003|     individual, his spouse or dependent minor children that is:
    |
0004|                 (1)  an ownership interest in business; or
    |
0005|                 (2)  any employment or prospective employment
    |
0006|     for which negotiations have already begun;
    |
0007|            E.  "official act" means an official decision,
    |
0008|     recommendation, approval, disapproval or other action that
    |
0009|     involves the use of discretionary authority;
    |
0010|            F.  "person" means an individual or entity;
    |
0011|            G.  "public officer or employee" means any person who
    |
0012|     has been elected to, appointed to or hired for any state
    |
0013|     <u></u>office and who receives compensation in the form of salary or
    |
0014|     is eligible for per diem or mileage <u>or any person who has been
</u>    |
<u></u>0015| <u>    elected to or appointed to any county office</u>, but excludes
    |
0016|     legislators and judges;
    |
0017|            H.  "standards" means the conduct required by the
    |
0018|     Governmental Conduct Act; and
    |
0019|            I.  "substantial interest" means an ownership
    |
0020|     interest that is greater than twenty percent."
    |
0021|       Section 2.  Section 10-16-6 NMSA 1978 (being Laws 1967,
    |
0022|     Chapter 306, Section 6, as amended) is amended to read:
    |
0023|       "10-16-6.  CONFIDENTIAL INFORMATION.--No legislator, public
    |
0024|     officer or employee shall use confidential information acquired
    |
0025|     by virtue of his <s>[state]</s> employment or office for his or
    |
0001|     another's private gain."
    |
0002|       Section 3.  Section 10-16-11 NMSA 1978 (being Laws 1967,
    |
0003|     Chapter 306, Section 11, as amended) is amended to read:
    |
0004|       "10-16-11.  CODES OF CONDUCT.--
    |
0005|            A.  By January 1, 1994, each elected statewide
    |
0006|     executive branch public officer shall adopt a general code of
    |
0007|     conduct for employees subject to his control.  The New Mexico
    |
0008|     legislative council shall adopt a general code of conduct for
    |
0009|     all legislative branch employees.  The general codes of conduct
    |
0010|     shall be based on the principles set forth in the Governmental
    |
0011|     Conduct Act.
    |
0012|            B.  Within thirty days after the general codes of
    |
0013|     conduct are adopted, they shall be given to and reviewed with
    |
0014|     all executive and legislative branch officers and employees. 
    |
0015|     All new public officers and employees of the executive and
    |
0016|     legislative branches shall review the employees' general code of
    |
0017|     conduct prior to or at the time of being hired.
    |
0018|            C.  The head of every executive and legislative
    |
0019|     agency and institution of the state may draft a separate code of
    |
0020|     conduct for all public officers and employees in that agency or
    |
0021|     institution.  The separate agency code of conduct shall
    |
0022|     prescribe standards, in addition to those set forth in the
    |
0023|     Governmental Conduct Act and the general codes of conduct for
    |
0024|     all executive and legislative branch public officers and
    |
0025|     employees, that are peculiar and appropriate to the function and
    |
0001|     purpose for which the agency or institution was created or
    |
0002|     exists.  The separate codes, upon approval of the responsible
    |
0003|     executive branch public officer for executive branch public
    |
0004|     officers and employees or the New Mexico legislative council for
    |
0005|     legislative branch employees, govern the conduct of the public
    |
0006|     officers and employees of that agency or institution and, except
    |
0007|     for those public officers and employees removable only by
    |
0008|     impeachment, shall, if violated, constitute cause for dismissal,
    |
0009|     demotion or suspension.  The head of each executive and
    |
0010|     legislative branch agency shall adopt ongoing education programs
    |
0011|     to advise public officers and employees <u>of the executive and
</u>    |
<u></u>0012| <u>    legislative branches</u> about the codes of conduct.  All codes
    |
0013|     shall be filed with the secretary of state and are open to
    |
0014|     public inspection.
    |
0015|            D.  Codes of conduct shall be reviewed at least once
    |
0016|     every four years.  An amended code shall be filed as provided in
    |
0017|     Subsection C of this section.
    |
0018|            E.  All legislators shall attend a minimum of one
    |
0019|     hour of ethics continuing education and training annually."
    |
0020|       Section 4.  Section 10-16-17 NMSA 1978 (being Laws 1993,
    |
0021|     Chapter 46, Section 37) is amended to read:
    |
0022|       "10-16-17.  CRIMINAL PENALTIES.--Unless specified otherwise
    |
0023|     in the Governmental Conduct Act, any person who knowingly and
    |
0024|     willfully violates any of the provisions of that act is guilty
    |
0025|     of a misdemeanor and shall be punished by a fine of not more
    |
0001|     than one thousand dollars ($1,000) or by imprisonment for not
    |
0002|     more than one year or both. <u>If a county ordinance imposes a
</u>    |
<u></u>0003| <u>    stricter penalty for a violation of conduct required by the
</u>    |
<u></u>0004| <u>    Governmental Conduct Act, then the county ordinance shall
</u>    |
<u></u>0005| <u>    apply</u>.  Nothing in the Governmental Conduct Act shall preclude
    |
0006|     criminal prosecution for bribery or other provisions of law set
    |
0007|     forth in the constitution of New Mexico or by statute."
    |
0008|                                    
    |
0009|   
    |
0010|                    FORTY-SECOND LEGISLATURE
    |
0011|                      SECOND SESSION, 1996
    |
0012|   
    |
0013|   
    |
0014|                                              FEBRUARY 9, 1996
    |
0015|   
    |
0016|   Mr. President:
    |
0017|   
    |
0018|     Your COMMITTEES' COMMITTEE, to whom has been referred
    |
0019|   
    |
0020|                           SENATE BILL 264
    |
0021|   
    |
0022|   has had it under consideration and finds same to be GERMANE, 
    |
0023|   PURSUANT TO CONSTITUTIONAL PROVSIONS, and thence referred to the RULES 
    |
0024|   COMMITTEE.
    |
0025|   
    |
0001|                              Respectfully submitted,
    |
0002|   
    |
0003|   
    |
0004|   
    |
0005|   
    |
0006|                              __________________________________
    |
0007|                              SENATOR MANNY M. ARAGON, Chairman 
    |
0008|   
    |
0009|   
    |
0010|   
    |
0011|   Adopted_______________________ Not Adopted_______________________
    |
0012|             (Chief Clerk)                        (Chief Clerk)
    |
0013|   
    |
0014|   
    |
0015|                     Date ________________________
    |
0016|   
    |
0017|   
    |
0018|   
    |
0019|   S0264CC1
    |