HOUSE BILL 595

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Monica Youngblood

AN ACT

RELATING TO PUBLIC DISCLOSURE; EXPANDING THE APPLICATION OF THE FINANCIAL DISCLOSURE ACT TO INCLUDE GOVERNOR EXEMPT EMPLOYEES; SPECIFYING TERMS OF REQUIRED FINANCIAL DISCLOSURE; PROHIBITING CERTAIN ONLINE POSTING OF PERSONAL INFORMATION BY STATE AGENCIES.

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

     SECTION 1. Section 10-16A-2 NMSA 1978 (being Laws 1993, Chapter 46, Section 40) is amended to read:

     "10-16A-2. DEFINITIONS.--As used in the Financial Disclosure Act:

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

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

          C. "financial interest" means an interest held by [an individual or his] a person, a person's spouse or a member of the person's household that is:

                (1) an ownership interest in business; or

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

          D. "governor exempt employee" means an employee of a state agency who is in a policymaking or supervisory position and who serves at the pleasure of the governor or an appointing authority who was appointed by the governor;

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

          [E.] F. "person" means an individual or entity; and

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

     SECTION 2. Section 10-16A-3 NMSA 1978 (being Laws 1993, Chapter 46, Section 41, as amended) is amended to read:

     "10-16A-3. REQUIRED DISCLOSURES FOR CERTAIN CANDIDATES AND PUBLIC OFFICERS AND EMPLOYEES--CONDITION FOR PLACEMENT ON BALLOT OR APPOINTMENT.--

          A. At the time of filing a declaration of candidacy or nominating petition, a candidate for legislative or statewide office shall file with the proper filing officer, as defined in Section 1-8-25 NMSA 1978, a financial disclosure statement on a prescribed form. In addition, each year thereafter during the month of January, a legislator and a person holding a statewide office shall file with the proper filing officer a financial disclosure statement. If the proper filing officer is not the secretary of state, the proper filing officer shall forward a copy of the financial disclosure statement to the secretary of state within seventy-two hours.

          B. A state agency head or official whose appointment to a board or commission is subject to confirmation by the senate shall file with the secretary of state a financial disclosure statement within thirty days of appointment and during the month of January every year thereafter that [he] the state agency head or official holds public office.

          C. A governor exempt employee shall file with the secretary of state a financial disclosure statement within thirty days of hire and during the month of January of every year that the employee remains a governor exempt employee.

          [C.] D. The financial disclosure statement shall include for any person identified in Subsection A, [or] B or C of this section, [and] the person's spouse and all members of the person's household who are eighteen years of age or older the following information for the prior calendar year:

                (1) the full name, mailing address and residence address of each person covered in the disclosure statement, except the address of the spouse and the household member need not be disclosed; the name and address of the [person's and spouse's] employer of each person covered in the disclosure statement and the title or position held; and a brief description of the nature of the business or occupation;

                (2) all sources of gross income of more than five thousand dollars ($5,000) but less than ten thousand dollars ($10,000); of ten thousand dollars ($10,000) or more but less than twenty thousand dollars ($20,000); and of twenty thousand dollars ($20,000) or more to each person covered in the disclosure statement, identified by general category descriptions that disclose the nature of the income source, in the following broad categories: law practice or consulting operation or similar business, finance and banking, farming and ranching, medicine and health care, insurance (as a business and not as payment on an insurance claim), oil and gas, transportation, utilities, general stock market holdings, bonds, government, education, manufacturing, real estate, consumer goods sales with a general description of the consumer goods and the category "other", with direction that the income source be similarly described. In describing a law practice, consulting operation or similar business of [the] each person [or spouse] covered in the disclosure statement, the major areas of specialization or income sources shall be described [and]. If [the spouse or] a person [in the reporting] covered in the disclosure statement or someone in that person's [or spouse's] law firm, consulting operation or similar business is or was during the reporting calendar year or the prior calendar year a registered lobbyist under the Lobbyist Regulation Act, the names and addresses of all clients represented for lobbying purposes during those two years shall be disclosed;

                (3) a general description and the name of the donor of all gifts with a single or combined value of more than five hundred dollars ($500); provided that for the purposes of this paragraph, "gifts" excludes items and money received:

                     (a) by will or intestate succession or from an inter vivos trust;

                     (b) from a testamentary trust established by a spouse or ancestor;

                     (c) from a household member;

                     (d) from a person related by consanguinity within the second degree; and

                     (e) as a political contribution when reported on a campaign report;

                [(3)] (4) a general description of the type of real estate owned in New Mexico, other than a personal residence, and the county where it is located;

                [(4)] (5) all other New Mexico business interests not otherwise listed of [ten thousand dollars ($10,000)] five thousand dollars ($5,000) or more but less than ten thousand dollars ($10,000); of ten thousand dollars ($10,000) or more but less than twenty thousand dollars ($20,000); and of twenty thousand dollars ($20,000) or more in a New Mexico business or entity, including any position held and a general statement of purpose of the business or entity;

                [(5)] (6) all memberships held by [the reporting individual and his spouse] a person covered in the disclosure statement on boards of for-profit businesses in New Mexico;

                [(6)] (7) all New Mexico professional licenses held;

                [(7)] (8) each state agency that was sold goods or services in excess of five thousand dollars ($5,000) but less than ten thousand dollars ($10,000); of ten thousand dollars ($10,000) or more but less than twenty thousand dollars ($20,000); and of twenty thousand dollars ($20,000) or more during the prior calendar year by a person covered in the disclosure statement;

                [(8)] (9) each state agency, other than a court, before which a person covered in the disclosure statement represented or assisted clients in the course of [his] the person's employment during the prior calendar year; and

                [(9)] (10) a general category that allows the person filing the disclosure statement to provide whatever other financial interest or additional information the person believes should be noted to describe potential areas of interest that should be disclosed.

          [D.] E. A complete financial disclosure statement shall be filed every year. The secretary of state shall mail each elected official required to file a financial disclosure statement a copy of any statement the person filed the previous year.

          [E.] F. The financial disclosure statements filed pursuant to this section are public records open to public inspection during regular office hours and shall be retained by the state for five years from the date of filing.

          G. A reporting person shall have the option to withhold from public view on a web site of the state the home address, home phone number and personal email address of any person covered in the reporting person's disclosure statement. A state agency shall not post for public view on its web site the information that a reporting person lawfully chooses to withhold from public view.

          [F.] H. A person who files a financial disclosure statement may file an amended statement at any time to reflect significant changed circumstances that occurred since the last statement was filed.

          [G. Any] I. A candidate for a legislative or statewide office who fails or refuses to file a financial disclosure statement required by this section before the final date for the withdrawal of candidates provided for in the Election Code shall not have [his] the candidate's name printed on the election ballot.

          [H.] J. For a state agency head or an official whose appointment to a board or commission is subject to confirmation by the senate, the filing of the financial disclosure statement required by this section is a condition of entering upon and continuing in state employment or holding an appointed position."

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