SENATE BILL 445

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; EXTENDING THE GOVERNMENTAL CONDUCT ACT TO INCLUDE PUBLIC OFFICERS AND EMPLOYEES OF POLITICAL SUBDIVISIONS OF THE STATE; PROHIBITING ABUSIVE CONDUCT BY PUBLIC OFFICIALS AND EMPLOYEES.

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

     Section 1. A new section of the Governmental Conduct Act is enacted to read:

     "[NEW MATERIAL] ABUSE OF POSITION.--A public officer or employee shall not directly or indirectly threaten a law enforcement officer with retaliation or intimidate the law enforcement officer to avoid arrest or ticketing by any law enforcement officer."

     Section 2. 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. "employment" means rendering of services for compensation in the form of salary as an employee;

          D. "financial interest" means an interest held by an individual [his] or the individual's spouse or dependent minor children that is:

                (1) an ownership interest in business; or

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

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

          F. "person" means an individual or entity;

          G. "public officer or employee" means [any] a person who has been elected to, appointed to or hired for [any] a state office or an office of a political subdivision of the state and who receives compensation in the form of salary or is eligible for per diem or mileage, but excludes legislators and judges;

          H. "standards" means the conduct required by the Governmental Conduct Act; and

          I. "substantial interest" means an ownership interest that is greater than twenty percent."

     Section 3. Section 10-16-6 NMSA 1978 (being Laws 1967, Chapter 306, Section 6, as amended) is amended to read:

     "10-16-6. CONFIDENTIAL INFORMATION.--No legislator, public officer or employee shall use confidential information acquired by virtue of [his state employment or office] the legislator's, officer's or employee's position or employment with the state or its political subdivisions for [his] that person's or another's private gain."

     Section 4. Section 10-16-7 NMSA 1978 (being Laws 1967, Chapter 306, Section 7, as amended) is amended to read:

     "10-16-7. CONTRACTS INVOLVING PUBLIC OFFICERS OR EMPLOYEES.--A state or local government agency shall not enter into any contract with a public officer or employee [of the state] or with a business in which the public officer or employee has a substantial interest unless the public officer or employee has disclosed [his] the public officer's or employee's substantial interest and unless the contract is awarded pursuant to the Procurement Code or a purchasing ordinance in the case of a home rule municipality; provided that this section does not apply to a contract of official employment with the state or to contracts made pursuant to the provisions of the University Research Park Act."

     Section 5. Section 10-16-8 NMSA 1978 (being Laws 1967, Chapter 306, Section 8, as amended) is amended to read:

     "10-16-8. CONTRACTS INVOLVING FORMER PUBLIC OFFICERS OR EMPLOYEES--REPRESENTATION OF CLIENTS AFTER GOVERNMENT SERVICE.--

          A. A state or local government agency shall not enter into a contract with, or take any action favorably affecting, any person or business that is:

                (1) represented personally in the matter by a person who has been a public officer or employee [of the state] within the preceding year if the value of the contract or action is in excess of one thousand dollars ($1,000) and the contract is a direct result of an official act by the public officer or employee; or

                (2) assisted in the transaction by a former public officer or employee [of the state] whose official act, while in state employment, directly resulted in the agency's making that contract or taking that action.

          B. A former public officer or employee shall not represent a person in [his] the former public officer's or employee's dealings with the government on a matter in which the former public officer or employee participated personally and substantially while a public officer or employee.

          C. For a period of one year after leaving government service or employment, a former public officer or employee shall not represent for pay a person before the government agency at which the former public officer or employee served or worked."

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