HOUSE STATE GOVERNMENT, INDIAN AND

VETERANS AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 10

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO PUBLIC ACCOUNTABILITY; ENACTING THE PUBLIC ACCOUNTABILITY ACT; CREATING THE PUBLIC ACCOUNTABILITY BOARD; PROVIDING FOR AN EXECUTIVE DIRECTOR; REQUIRING THE DEVELOPMENT OF A PROPOSED CODE OF PUBLIC ACCOUNTABILITY; PROVIDING FOR THE ISSUANCE OF BOARD ADVISORY OPINIONS; REQUIRING PUBLICATION OF CERTAIN REPORTS; TRANSFERRING CERTAIN ACCOUNTABILITY AND ENFORCEMENT FUNCTIONS TO THE BOARD; PROVIDING FOR THE FILING, INVESTIGATION AND ADJUDICATION OF COMPLAINTS RELATED TO PUBLIC ACCOUNTABILITY; PROVIDING FOR CONFIDENTIALITY OF CERTAIN RECORDS; PROVIDING FOR PENALTIES COLLECTED PURSUANT TO THE CAMPAIGN REPORTING ACT TO BE DEPOSITED IN THE PUBLIC ELECTION FUND; REVISING THE TIME PERIOD IN WHICH LEGISLATION MAY BE INTRODUCED AND FILED; REVISING EXCLUSIONS FROM THE DEFINITION OF "LOBBYIST" IN THE LOBBYIST REGULATION ACT; PROVIDING FOR A PERMANENT LEGISLATIVE ETHICS COMMITTEE; EXPANDING THE SCOPE OF THE JUDICIAL STANDARDS COMMISSION'S DUTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 13 of this act may be cited as the "Public Accountability Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Public Accountability Act:

          A. "adjunct agency" means an agency, board, commission, office or other instrumentality, not assigned to an elected constitutional officer, that is excluded from any direct or administrative attachment to a department of state government and that retains policymaking and administrative autonomy separate from any other agency of state government;

          B. "board" means the public accountability board;

          C. "breach" means an action that is a violation of any of the acts provided in Section 6 of the Public Accountability Act;

          D. "complainant" means a person who files a complaint with the board;

          E. "complaint" means a formal written assertion of a breach filed with the board in accordance with the Public Accountability Act;

          F. "director" means the executive director of the board;

          G. "government contractor" means a person who has a contract with a public body or who has submitted a bid for a contract with a public body;

          H. "instrumentality of the state" means the New Mexico exposition center authority, New Mexico finance authority, New Mexico industrial and agricultural finance authority, New Mexico lottery authority, New Mexico mortgage finance authority, New Mexico renewable energy transmission authority, New Mexico state fair and water quality control commission;

          I. "lobbyist" means "lobbyist", as that term is defined in the Lobbyist Regulation Act;

          J. "public body" means a department, commission, council, board, committee or agency of the executive branch of government of the state; a state educational institution; a state institution; a political subdivision of the state; or an instrumentality of the state;

          K. "public employee" means a person employed by a public body;

          L. "public officer" means a person elected or appointed to an office of the executive branch of government of the state; a person elected or appointed to a position with a public body; or a member of a governing body of a charter school;

          M. "qualified political party" means a political party that has been qualified in accordance with the provisions of the Election Code;

          N. "respondent" means a person whose conduct or alleged breach is the subject of a complaint; and

          O. "retired judge" means a person who has previously served as a judge; who has been retained pursuant to the provisions of Article 6, Section 33 of the constitution of New Mexico; who remains an active member of the state bar; and who is qualified to serve again as a judge pursuant to the laws of the state.

     SECTION 3. [NEW MATERIAL] PUBLIC ACCOUNTABILITY BOARD CREATED--MEMBERSHIP--TERMS--REMOVAL.--

          A. The "public accountability board" is created as an adjunct agency under the direction of twelve board members, appointed as follows:

                (1) three members appointed by the secretary of state:

                     (a) one member upon the recommendation of the New Mexico municipal league;

                     (b) one member upon the recommendation of the New Mexico association of counties; and

                     (c) one member upon the recommendation of the New Mexico school boards association;

                (2) three members appointed by majority vote of all members of the board of commissioners of the state bar of New Mexico, of which at least one member shall be appointed from each congressional district;

                (3) three members appointed by the governor, of which at least one member shall be appointed from each congressional district; and

                (4) three members appointed by the chief justice of the supreme court, of which at least one member shall be appointed from each congressional district.

          B. No more than five board members shall be registered members of the same qualified political party.

          C. Each appointing authority shall file letters of appointment with the secretary of state no later than the dates provided in Subsection D of this section.

          D. Appointments shall be made as follows:

                (1) by the third Tuesday in May of each odd-numbered year:

                     (a) one board member shall be appointed by the secretary of state upon the recommendation of the New Mexico municipal league, the New Mexico association of counties or the New Mexico school boards association on a rotating basis; and

                     (b) one board member shall be appointed by the board of commissioners of the state bar of New Mexico;

                (2) by the second Tuesday in June of each odd-numbered year, one board member shall be appointed by the governor; and

                (3) by the last business day in June of each odd-numbered year, one board member shall be appointed by the chief justice of the supreme court.

          E. Terms of office are six years in length and begin on July 1 of the year of the board member's appointment and continue through June 30 of the sixth year of a term. Board members shall serve until their successors are appointed and qualified. A person shall not serve as a board member for more than two consecutive terms. A board member who serves a partial term of at least four years shall be deemed to have served a full term of six years. A vacancy on the board shall be filled for the remainder of the unexpired term by appointment by the original appointing authority upon the recommendation of the original recommending authority, if applicable.

          F. Board members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act.

          G. The board shall elect a chair and a vice chair at the first regular meeting following July 1 of each odd-numbered year. The chair and vice chair shall not be of the same qualified political party and shall not have been appointed by the same appointing authority. The board may elect other officers as necessary.

          H. Seven board members constitute a quorum for the transaction of business. The board shall not take action unless at least seven members concur.

          I. A board member may be removed only for incompetence, neglect of duty or malfeasance in office. A proceeding for the removal of a member may be commenced by action by the board. The supreme court has exclusive original jurisdiction in quo warranto over proceedings to remove members. A member shall be given notice of hearing and an opportunity to be heard before the member is removed.

     SECTION 4. [NEW MATERIAL] BOARD MEMBERS--QUALIFICATIONS--LIMITATIONS.--

          A. To qualify for appointment to the board, a person shall:

                (1) be a resident of New Mexico for at least four years;

                (2) not have changed qualified political party affiliation as shown on the person's voter registration for at least two years prior to appointment;

                (3) if appointed by the board of commissioners of the state bar of New Mexico, be an attorney licensed to practice law in this state; and

                (4) if appointed by the chief justice of the supreme court, be a retired judge.

          B. Before entering upon the duties of the office of board member, each board member shall take the oath of office as provided in Article 20, Section 1 of the constitution of New Mexico and shall file that oath of office with the secretary of state.

          C. A board member shall not:

                (1) seek or hold an office or act as a leader in a qualified political party or a political committee as defined in the Campaign Reporting Act;

                (2) seek or hold an elective public office or an appointed public position;

                (3) be a public employee, government contractor or lobbyist;

                (4) be employed or contracted by a political committee as defined in the Campaign Reporting Act or a person in that person's capacity as a candidate for public office;

                (5) publicly endorse or publicly oppose a candidate for public office or a ballot issue unrelated to the administration of justice or the legal system;

                (6) make speeches on behalf of a political committee, as defined in the Campaign Reporting Act; or

                (7) solicit funds for, pay an assessment to or make a contribution to a candidate or a political committee, as defined in the Campaign Reporting Act.

          D. A violation of Subsection C of this section may be found to constitute malfeasance in office in a removal proceeding pursuant to Subsection I of Section 3 of the Public Accountability Act.

      SECTION 5. [NEW MATERIAL] BOARD--DUTIES AND POWERS.--

          A. The board shall:

                (1) meet as necessary, at least once in each calendar quarter to carry out its duties;

                (2) receive and investigate complaints;

                (3) designate a complaint review committee of the board;

                (4) hold hearings when necessary to determine whether there has been a breach as alleged in a complaint;

                (5) administer the applicable compliance provisions of the acts listed in Section 6 of the Public Accountability Act;

                (6) promulgate rules necessary to implement and administer the provisions of the Public Accountability Act and the applicable compliance provisions of the laws listed in Section 6 of the Public Accountability Act;

                (7) compile, index, maintain and provide public and online access to all advisory opinions and reports required to be made public pursuant to the Public Accountability Act;

                (8) compile, maintain and provide access to all codes of conduct filed with the board in accordance with Section 10-16-11 NMSA 1978;

                (9) draft a proposed code of public accountability and submit the proposed code to each elected public officer and public body;

                (10) appoint an executive director;

                (11) contract for professional services as necessary to carry out duties;

                (12) have the authority to accept federal funds and other public or private grants to perform duties consistent with the Public Accountability Act; and

                (13) prepare an annual report of its activities, including any recommendations regarding state ethics or public accountability laws or the scope of its powers and duties, and the number of complaints received, dismissed, adjudicated and referred to other authorities, publish the report on the board's website and provide copies of the report upon request.

          B. The board is limited in its authority to those powers granted by the Public Accountability Act or expressly granted in another applicable statute. In carrying out its responsibilities pursuant to the Public Accountability Act, the board may:

                (1) sue and be sued;

                (2) issue advisory opinions as provided in Section 9 of the Public Accountability Act;

                (3) designate a campaign finance committee of the board to resolve matters related to violations of the Campaign Reporting Act; and

                (4) as necessary, designate such other committees of the board to make recommendations for action to the board.

     SECTION 6. [NEW MATERIAL] BOARD JURISDICTION--COMPLIANCE PROVISIONS.--

          A. The board shall enforce the applicable civil compliance provisions of the:

                (1) Campaign Reporting Act;

                (2) Financial Disclosure Act;

                (3) Gift Act;

                (4) Governmental Conduct Act;

                (5) Inspection of Public Records Act;

                (6) Lobbyist Regulation Act;

                (7) Open Meetings Act;

                (8) Procurement Code;

                (9) Public Accountability Act;

                (10) School District Campaign Reporting Act;

                (11) Voter Action Act; and

                (12) Article 9, Section 14 of the constitution of New Mexico.

          B. Except where a local accountability board or its equivalent with civil enforcement jurisdiction exists, the board shall also enforce the applicable civil compliance provisions of any local ordinances that regulate the matters regulated by the laws listed in Subsection A of this section. As used in this subsection, "local ordinance" includes any rule, ordinance, resolution or other instrument having the force of law that was adopted by a political subdivision of the state, including a home rule municipality and an incorporated or urban county.

          C. The board shall file any court action to enforce the civil compliance provisions of an act listed in Subsection A of this section in the district court of the county in which the respondent resides.

     SECTION 7. [NEW MATERIAL] EXECUTIVE DIRECTOR--APPOINTMENT--DUTIES--POWERS--LIMITATIONS.--

          A. The executive director of the board shall be:

                (1) knowledgeable about state laws related to public accountability;

                (2) appointed without regard to qualified political party affiliation; and

                (3) appointed, retained and reappointed solely on the grounds of fitness to perform the duties of the office.

          B. The director shall hold office for a term commencing on the date of appointment through June 30 of the fourth even-numbered year following the director's appointment.

          C. Prior to the end of the director's term of office, the director may only be removed by the board for cause and with the concurrence of at least nine board members.

          D. Once appointed or reappointed through an action by the board, the director shall:

                (1) take the oath of office required by Article 20, Section 1 of the constitution of New Mexico and file that oath of office with the secretary of state;

                (2) devote the director's entire professional time and attention to the duties of that office;

                (3) prepare an annual budget for the board and submit it to the board for approval;

                (4) make recommendations to the board of

proposed rules or legislative changes needed to provide better administration of the Public Accountability Act;

                (5) operate and maintain a publicly accessible website on which shall be published the board's advisory opinions and annual reports and a list of persons who failed or refused to file a report of expenditures and contributions or a statement of no activity or to pay a penalty imposed by the board shall be published; and

                (6) at every meeting of the board, report any complaints referred to the board by the complaint review committee and the status of all open investigations and investigations closed since the board's last meeting.

          E. The director may:

                (1) hire a general counsel for the board and additional personnel necessary to enable the board to carry out its duties; and

                (2) enter into contracts and agreements on behalf of the board.

          F. The director shall not:

                (1) seek or hold an office in a qualified political party; or

                (2) seek or hold an elected public office or an appointed public position.

          G. A director who seeks or holds an office or position as prohibited in Subsection F of this section is deemed to have resigned as director.

     SECTION 8. [NEW MATERIAL] BOARD MEMBER RECUSAL--DISQUALIFICATION.--

          A. A board member shall recuse from and not participate in a board proceeding in which the member has a conflict of interest. The member shall state in writing the reason for the recusal.

          B. If the propriety of a board member's participation in a particular matter is questioned on the grounds that the member has a conflict of interest and if the member refuses to recuse from participation in the matter, the board may disqualify that member from participation in the relevant board proceeding with concurrence of at least nine members.

          C. The board's disqualification of a board member shall serve as an automatic initiation of proceedings to remove the member.

          D. A recused or disqualified board member shall not participate in any proceeding related to the matter from which the member is recused or disqualified, and the member shall be excused from that portion of a meeting at which the matter is discussed.

          E. If four or more board members have recused themselves or are disqualified from participating in a proceeding, the remaining members shall request the appointment of temporary members from the original appointing authorities that appointed the recused or disqualified members. If the original appointing authority was the secretary of state, then the secretary of state shall appoint temporary members recommended by the original recommending authority. Appointing authorities shall appoint temporary members within twenty days of the request for appointment.

     SECTION 9. [NEW MATERIAL] ADVISORY OPINIONS.--

          A. The board may issue advisory opinions on matters related to the laws listed in Section 6 of the Public Accountability Act. Advisory opinions shall:

                (1) be requested in writing;

                (2) present a question regarding whether the requester's contemplated future conduct would violate any of the laws listed in Section 6 of the Public Accountability Act;

                (3) be issued within sixty days of receipt of the request unless the board notifies the requester in writing of a delay in issuance and with specificity as to that request, the reason for the delay, and continues to notify the requester in writing every thirty days until the advisory opinion is issued, which in all cases shall be within one hundred eighty days of the request; and

                (4) be published on the board's website after omitting the requester's name and identifying information.

          B. A request for an advisory opinion and the research conducted to formulate the advisory opinion are confidential and not subject to inspection pursuant to the Inspection of Public Records Act.

          C. Unless amended or revoked, an advisory opinion shall be binding on the board in any subsequent board proceedings concerning a person who acted in good faith and in reasonable reliance on the advisory opinion.

     SECTION 10. [NEW MATERIAL] COMPLAINTS--JURISDICTION-- INVESTIGATIONS--SUBPOENAS.--

          A. A complaint alleging a breach of the laws listed in Section 6 of the Public Accountability Act may be filed with the board by any person other than the director, a board member or a person employed by or in a contractual relationship with the board.

          B. The complainant shall set forth in detail the specific allegations against the respondent and the facts that support the allegations. The complainant shall submit any available evidence that supports the complaint, including documents, records, names of witnesses and other evidence. The complaint shall be in writing, signed and sworn by the complainant and notarized.

          C. Failure to satisfy a nonsubstantive requirement for filing a complaint does not invalidate the complaint.

          D. The board shall not accept or consider a complaint unless the complaint is filed within two years from the last date on which the alleged conduct or breach occurred or from the last date on which a reasonable person would have discovered the facts upon which the complaint is based.

          E. When a complaint is filed, the director shall present the complaint to the complaint review committee and make recommendations whether the conduct alleged in the complaint is within the civil enforcement jurisdiction of the board and warrants investigation.

          F. The complaint review committee shall dismiss a complaint that is frivolous, unfounded or outside the board's civil enforcement jurisdiction within ten days of receipt of the complaint.

          G. If a complaint is dismissed as frivolous, unfounded or outside the board's jurisdiction, the complaint review committee shall notify the complainant of the complaint's dismissal and notify the respondent of the specific allegations in and the dismissal of the complaint. A complainant shall be notified of the complainant's ability to appeal a dismissal to the board.

          H. If the complaint review committee determines that there is sufficient cause to proceed with an investigation, it shall investigate the complaint. As part of an investigation, the complaint review committee may request that the district court issue subpoenas requiring the attendance of witnesses or the production of books, records, documents or other evidence reasonably related to the investigation. After the service of a subpoena, if a person neglects or refuses to comply with the subpoena, the board may apply to a district court for an order enforcing the subpoena and compelling compliance. The complaint review committee may administer oaths, interview witnesses and examine books, records, documents and other evidence reasonably related to the complaint. All testimony in an investigation shall be under oath, and the respondent shall have the right to be represented by legal counsel and to request that the district court issue subpoenas requiring the attendance of witnesses or the production of books, records, documents or other evidence reasonably related to the complaint. A public employee or public official who is a respondent shall be entitled to representation by the risk management division of the general services department, a local risk management entity or other appropriate insurance carrier.

          I. Within sixty days of the receipt of a complaint under investigation, the complaint review committee shall either:

                (1) provide a copy of the complaint to the respondent and notify the respondent that the respondent shall file with the board a response to the complaint within thirty days of the respondent's receipt of the notice, unless the director approves an extension of time for filing the response; or

                (2) dismiss the complaint and notify the complainant of the dismissal and notify the respondent of the specific allegations in and the dismissal of the complaint.

          J. If a respondent fails to file a response to a complaint within thirty days or the extended time period approved by the director, the complaint review committee shall refer the complaint along with the complaint review committee's investigation and recommendation to the board for its consideration and decision.

          K. Within thirty days of the filing of a respondent's response, the complaint review committee shall, having considered the response, either:

                (1) dismiss the complaint and notify the complainant and the respondent of the dismissal; or

                (2) refer the complaint, response, investigation and recommendation to the board for its consideration and decision and notify the complainant and the respondent that the complaint was referred to the board.

          L. No later than July 1 of each even-numbered year, the chief justice of the supreme court shall appoint an active or pro tempore district judge to consider the issuance and enforcement of subpoenas provided for in this section. The appointment shall end on June 30 of the next even-numbered year after appointment.

          M. The procedures provided in Sections 10 and 11 of the Public Accountability Act shall be used if those procedures conflict with the procedures provided by any of the laws listed in Section 6 of that act.

      SECTION 11. [NEW MATERIAL] PRE-HEARING DISPOSITION--BOARD HEARINGS--FINDINGS AND CONCLUSIONS--DISCLOSURE--APPEAL OF DISMISSAL.--

          A. If a complaint is referred to the board by the complaint review committee, the director shall provide the board at its next meeting a report of the committee's investigation of any complaints referred to the board. Based on the director's report, the board shall:

                (1) dismiss the complaint and notify the complainant and the respondent of the dismissal; or

                (2) set a public hearing, as soon as practicable, and notify the complainant of the date, time and place of the hearing at which the board will consider and adjudicate the matter.

          B. At any time before a hearing provided for in Subsection A of this section, the board may approve a pre-hearing disposition of a complaint agreed to by the director and the respondent.

          C. The hearing provided for in Subsection A of this section shall be pursuant to the rules of evidence that govern proceedings in the state's courts. One of the board members appointed by the chief justice of the supreme court shall preside over the hearing and is authorized to administer oaths. The respondent has the right to be represented by counsel. The parties may present evidence and testimony, compel the presence of witnesses and examine and cross-examine witnesses.

          D. After the hearing, if the board finds by clear and convincing evidence that the respondent's conduct constituted a breach, the board shall, within thirty days of the hearing, issue a written report that shall include findings of fact and conclusions of law. The written report may include a public reprimand or censure regarding the respondent's breach or recommendations for disciplinary action against the respondent, and if the respondent's conduct constituted a willful breach, the board shall impose any fines provided for by law.

          E. The board shall publicly disclose a report issued pursuant to Subsection D of this section. If the report concerns a willful breach, the board shall provide the report, along with all evidence collected during the board's investigation, to the respondent and the:

                (1) chief clerk of the house of representatives if the respondent is a public official who is subject to impeachment;

                (2) respondent's appointing authority if the respondent is an appointed public official;

                (3) appropriate public body if the respondent is a public employee;

                (4) public body with which the respondent has a government contract if the respondent is a government contractor; or

                (5) respondent's employer if the respondent is a lobbyist.

          F. After the hearing, if the board does not find by clear and convincing evidence that the respondent's conduct constituted a breach, the board shall dismiss the complaint and provide notice of the dismissal to the complainant and the respondent within thirty days after the hearing.

          G. The board shall promulgate rules establishing procedures for hearings.

     SECTION 12. [NEW MATERIAL] CONFIDENTIALITY OF RECORDS.--

          A. A finding that a respondent's conduct constituted a breach shall be a public record. A dismissal of a complaint shall be a public record only upon the request of the respondent.

          B. Except as otherwise provided in the laws listed in Section 6 of the Public Accountability Act, all complaints, reports, files, records and communications collected or generated by the board, complaint review committee or director that pertain to alleged breaches shall not be disclosed by the board or any board member, agent or employee of the board and are not subject to inspection pursuant to the Inspection of Public Records Act, unless:

                (1) disclosure is necessary to pursue an investigation by the board or one of its committees;

                (2) disclosure is required pursuant to the provisions of the Public Accountability Act; or

                (3) they are offered into evidence by the board, respondent or another party at a judicial, legislative or administrative proceeding.

          C. Information and reports containing information made confidential by law or exempt from inspection pursuant to the Inspection of Public Records Act shall not be disclosed by the board or its director, staff or contractors.

     SECTION 13. [NEW MATERIAL] BOARD--INITIAL APPOINTMENTS.--

          A. The initial appointments to the board shall be:

                (1) four board members whose terms shall expire on June 30, 2019, referred to as "class A" appointments for the purposes of this section;

                (2) four board members whose terms shall expire on June 30, 2021, referred to as "class B" appointments for the purposes of this section; and

                (3) four board members whose terms shall expire on June 30, 2023, referred to as "class C" appointments for the purposes of this section.

          B. No later than July 15, 2018, the New Mexico association of counties, New Mexico municipal league and New Mexico school boards association shall meet to determine, either by agreement or by lot, which organization shall recommend a person for appointment to class A, class B and class C positions of the board. The secretary of state shall appoint board members to class A, class B and class C positions of the board in accordance with the determination and recommendations provided for in this subsection. Appointments by the secretary of state shall be without regard to residency within a particular area of the state and without regard to political affiliation. No later than September 1, 2018, the secretary of state shall file with the office of the secretary of state a designation of appointment to the board, along with a designation as to which appointees shall serve in class A, class B and class C.

          C. No later than September 1, 2018, the board of commissioners of the state bar of New Mexico shall file with the secretary of state a designation of appointment of three attorneys licensed to practice law in this state to serve as members of the board, of which at least one member shall be appointed from each congressional district. The board of commissioners shall make appointments such that no qualified political party is represented by more than five members on the board. In making the appointments, the board of commissioners shall designate which board members shall serve in class A, class B and class C positions.

          D. No later than October 1, 2018, the governor shall file with the secretary of state a designation of appointment of three persons to serve as members of the board, of which at least one member shall be appointed from each congressional district. The governor shall not appoint more than one board member from a qualified political party in the state. In making the appointments, the governor shall designate which board members shall serve in class A, class B and class C positions.

          E. No later than November 1, 2018, the chief justice of the supreme court shall file with the secretary of state a designation of appointment of three retired judges to serve as members of the board, of which at least one member shall be appointed from each congressional district. The chief justice shall make appointments such that no qualified political party is represented by more than five members on the board. In making the appointments, the chief justice shall designate which board members shall serve in class A, class B and class C positions.

          F. Except as provided in this section, to qualify for appointment to the board, a person:

                (1) shall:

                     (a) be a resident of New Mexico for at least four years;

                     (b) not have changed qualified political party affiliation as shown on the person's voter registration for at least two years prior to appointment;

                     (c) if appointed by the board of commissioners of the state bar of New Mexico, be an attorney licensed to practice law in this state; and

                     (d) if appointed by the chief justice of the supreme court, be a retired judge; and

                (2) shall not:

                     (a) seek or hold an office in a qualified political party;

                     (b) seek or hold an elective public office or an appointed public position; or

                     (c) be a state employee, government contractor or lobbyist.

          G. Before entering upon the duties of the office of board member, each member shall take the oath of office as provided in Article 20, Section 1 of the constitution of New Mexico and shall file that oath of office with the secretary of state.

          H. A board member who does not qualify or fails to meet the requirements of Subsection F or G of this section is deemed to have resigned from the board.

          I. The board shall:

                (1) convene its first meeting no sooner than December 1, 2018;

                (2) establish a budget for the board; and

                (3) appoint an executive director of the board.

          J. Until the board establishes a website, and no later than October 1, 2019, the secretary of state shall provide information regarding appointments to the board, notices of board meetings and such other information as requested by the board.

     SECTION 14. Section 1-19-32 NMSA 1978 (being Laws 1979, Chapter 360, Section 8, as amended) is amended to read:

     "1-19-32. INSPECTION OF PUBLIC RECORDS.--

          A. Each of the following documents is a public record open to public inspection during regular office hours in the office in which the document was filed or from which the document was issued:

                (1) a statement of [exception] no activity;

                (2) a report of expenditures and contributions;

                (3) an advisory opinion issued by the [secretary of state] public accountability board;

                (4) a document specified as a public record in the Campaign Reporting Act; and

                (5) [an arbitration decision issued by an arbitration panel and filed with the secretary of state] a decision issued by a hearing officer and filed with the public accountability board.

          B. Each public record described in Subsection A of this section shall be retained by the state for five years and may be destroyed five years after the date of filing unless a legal action or prosecution is pending that requires the preservation of the public record.

          C. The secretary of state shall provide for electronic access to reports of expenditures and contributions and statements of [exception] no activity submitted electronically by reporting individuals. Electronic access shall include access via the internet and shall be in an easily searchable format."

     SECTION 15. Section 1-19-32.1 NMSA 1978 (being Laws 1981, Chapter 331, Section 9, as amended) is amended to read:

     "1-19-32.1. REPORTS EXAMINATION--FORWARDING OF

REPORTS.--

          A. The [secretary of state] public accountability board shall conduct a thorough examination of at least ten percent of all reports filed during a year by reporting individuals, selected at random at least forty days after the general election and ten days after the April reports are filed in a non-election year, to determine compliance with the provisions of the Campaign Reporting Act. The examination may include an investigation of any discrepancies, including a cross-reference to reports filed by any other reporting individual. A reporting individual shall be notified in writing if a discrepancy is found in the report filed and shall be permitted to file a written explanation for the discrepancy within ten [working] days of the date of the notice. The notice, penalty and [arbitration] independent hearing officer provisions set forth in Section 1-19-34.4 NMSA 1978 shall apply to examinations conducted under this section.

          B. After the date stated in the notice of final action for submission of a written explanation, the [secretary of state] public accountability board shall prepare an annual report of any unresolved discrepancies found after examination of the random sample provided for in Subsection A of this section. [A copy of this report shall be transmitted to the attorney general for enforcement pursuant to the provisions of Section 1-19-36 NMSA 1978.] This report is a public record open to public inspection and subject to the retention and destruction provisions set forth in Section 1-19-32 NMSA 1978."

     SECTION 16. Section 1-19-34.4 NMSA 1978 (being Laws 1993, Chapter 46, Section 15, as amended) is amended to read:

     "1-19-34.4. EDUCATION AND VOLUNTARY COMPLIANCE--INVESTIGATIONS--[BINDING ARBITRATION] HEARINGS--REFERRALS FOR ENFORCEMENT.--

          A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Campaign Reporting Act of those duties. This includes advising all known reporting individuals at least annually of that act's deadlines for submitting required reports and statements of [exception] no activity. The [secretary of state in consultation with the attorney general] public accountability board shall issue advisory opinions, when requested in writing to do so, on matters concerning that act. All prescribed forms prepared shall be clear and easy to complete.

          B. [The secretary of state may initiate investigations to determine whether any provision of the Campaign Reporting Act has been violated. Additionally] Any person who believes that a provision of [that] the Campaign Reporting Act has been violated may file a written complaint with the [secretary of state] public accountability board any time prior to ninety days after an election, except that no complaints from the public may be filed within eight days prior to an election. The [secretary of state] board shall adopt procedures for issuing advisory opinions and processing complaints and notifications of violations.

          C. The [secretary of state] public accountability board shall at all times seek to ensure voluntary compliance with the provisions of the Campaign Reporting Act. If the [secretary of state] board determines that a provision of that act for which a penalty may be imposed has been violated, the [secretary of state] board shall by written notice set forth the violation and the fine imposed and inform the reporting individual that [he] the individual has ten [working] days from the date of the letter to correct the matter and to provide a written explanation, under penalty of perjury, stating any reason why the violation occurred. If a timely explanation is filed and the [secretary of state] board determines that good cause exists to waive the fine imposed, the [secretary of state] board may by a written notice of final action partially or fully waive any fine imposed for any late, incomplete or false report or statement of [exception] no activity. A written notice of final action shall be sent by certified mail.

          D. Upon receipt of the notice of final action, the person against whom the penalty has been imposed may protest the [secretary of state's] public accountability board's determination, including an advisory opinion, by submitting on a prescribed form a written request for [binding arbitration to the secretary of state] a hearing within ten [working] days of the date of the notice of final action. The hearing shall be conducted by an independent hearing officer appointed pursuant to the Administrative Hearings Office Act. Any fine imposed shall be due and payable within ten [working] days of the date of notice of final action. [No additional fine shall accrue pending the issuance of the arbitration decision. Fines paid pursuant to a notice of final action that are subsequently reduced or dismissed shall be reimbursed with interest within ten working days after the filing of the arbitration decision with the secretary of state. Interest on the reduced or dismissed portion of the fine shall be the same as the rate of interest earned by the secretary of state's escrow account to be established by the department of finance and administration.

          E. An arbitration hearing shall be conducted by a single arbitrator selected within ten days by the person against whom the penalty has been imposed from a list of five arbitrators provided by the secretary of state. Neither the secretary of state nor a person subject to the Campaign Reporting Act, Lobbyist Regulation Act or Financial Disclosure Act may serve as an arbitrator. Arbitrators shall be considered to be independent contractors, not public officers or employees, and shall not be paid per diem and mileage.

          F.] E. The [arbitrator] hearing officer shall conduct the hearing within thirty days of the request [for arbitration. The arbitrator] and may impose any penalty [the secretary of state is authorized to impose] provided for in the Campaign Reporting Act. The [arbitrator] hearing officer shall state the reasons for [his] the decision in a written document that shall be a public record. [The decision shall be final and binding.] The decision shall be issued and filed with the [secretary of state] public accountability board within thirty days of the conclusion of the hearing. [Unless otherwise provided for in this section or by rule or regulation adopted by the secretary of state, the procedures for the arbitration shall be governed by the Uniform Arbitration Act. No arbitrator shall be subject to liability for actions taken pursuant to this section.

          G. The secretary of state may refer a matter to the attorney general or a district attorney for a civil injunctive or other appropriate order or for criminal enforcement.]"

     SECTION 17. Section 1-19-34.6 NMSA 1978 (being Laws 1995, Chapter 153, Section 19) is amended to read:

     "1-19-34.6. CIVIL PENALTIES.--

          [A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.

          B. The attorney general or district attorney]

          A. The public accountability board may institute a civil action in district court for any violation of the Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution. Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.

          [C. The attorney general or district attorney]

          B. The public accountability board may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Campaign Reporting Act other than that specified in Subsection [B] A of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of fifty dollars ($50.00) for each violation not to exceed five thousand dollars ($5,000)."

     SECTION 18. Section 1-19-34.7 NMSA 1978 (being Laws 2009, Chapter 68, Section 1) is amended to read: 

     "1-19-34.7. CONTRIBUTION LIMITATIONS--CANDIDATES--POLITICAL COMMITTEES.--

          A. The following contributions by the following persons are prohibited:

                (1) from a person, not including a political committee, to a:

                     (a) candidate for nonstatewide office, including the candidate's campaign committee, in an amount that will cause that person's total contributions to the candidate to exceed two thousand three hundred dollars ($2,300) during the primary election or two thousand three hundred dollars ($2,300) during the general election;

                     (b) candidate for statewide office, including the candidate's campaign committee, in an amount that will cause that person's total contributions to the candidate to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election; or

                     (c) political committee in an amount that will cause that person's total contributions to the political committee to exceed five thousand dollars ($5,000) during a primary election or five thousand dollars ($5,000) during a general election; and

                (2) from a political committee to:

                     (a) a candidate for office, including the candidate's campaign committee, in an amount that will cause the political committee's total contributions to the candidate to exceed five thousand dollars ($5,000) during the primary election or five thousand dollars ($5,000) during the general election; or 

                     (b) another political committee in an amount that will cause that political committee's total contributions to the political committee to exceed five thousand dollars ($5,000) during a primary election or five thousand dollars ($5,000) during a general election.

          B. All contributions made by a person to a candidate, either directly or indirectly, including contributions that are in any way earmarked or otherwise directed through another person to a candidate, shall be treated as contributions from the person to that candidate.

          C. A person, including a political committee, shall not knowingly accept or solicit a contribution, directly or indirectly, including a contribution earmarked or otherwise directed or coordinated through another person, including a political committee, that violates the contribution limits provided for in this section.

          D. On the day after each general election, the contribution amounts provided in Subsection A of this section shall be increased by the percentage of the preceding two calendar [year's] years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor. The amount of the increase shall be rounded to the nearest multiple of one hundred dollars ($100). The secretary of state shall publish by October 1 before each general election the adjusted contribution limits that shall take effect the day after the following general election.

          E. All contributions in excess of the limits imposed by the provisions of this section shall be deposited in the public election fund upon a finding by the [secretary of state] public accountability board that the contribution limits have been exceeded.

          F. The limitation on contributions to a candidate provided for in Subsection A of this section shall not apply to a candidate's own contribution from the candidate's personal funds to the candidate's own campaign.

          G. For the purposes of this section:

                (1) "primary election" means the period beginning on the day after the general election for the applicable office and ending on the day of the primary for that office; and

                (2) "general election" means the period beginning on the day after the primary for the applicable office and ending on the day of the general election for that office."

     SECTION 19. Section 1-19-35 NMSA 1978 (being Laws 1979, Chapter 360, Section 11, as amended) is amended to read:

     "1-19-35. REPORTS AND STATEMENTS--LATE FILING

PENALTY--FAILURE TO FILE.--

          A. Except for the report required to be filed and delivered the Thursday prior to the election and any supplemental report, as required in Paragraph (5) of Subsection B of Section 1-19-29 NMSA 1978, that is due prior to the election, and subject to the provisions of Section 1-19-34.4 NMSA 1978, if a statement of no activity or a report of expenditures and contributions contains false or incomplete information or is filed after any deadline imposed by the Campaign Reporting Act, the responsible reporting individual or political committee, in addition to any other penalties or remedies prescribed by the Election Code, shall be liable for and shall pay to the [secretary of state] public accountability board fifty dollars ($50.00) per day for each regular working day after the time required by the Campaign Reporting Act for the filing of statements of no activity or reports of expenditures and contributions until the complete or true statement or report is filed, up to a maximum of five thousand dollars ($5,000).

          B. If any reporting individual files a false, intentionally incomplete or late report of expenditures and contributions due on the Thursday prior to the election, the reporting individual or political committee shall be liable for and pay to the [secretary of state] public accountability board five hundred dollars ($500) for the first working day and fifty dollars ($50.00) for each subsequent working day after the time required for the filing of the report until the true and complete report is filed, up to a maximum of five thousand dollars ($5,000).

          C. If a reporting individual fails to file or files a late supplemental report of expenditures and contributions as required in Paragraph (5) of Subsection B of Section 1-19-29 NMSA 1978, the reporting individual or political committee shall be liable for and pay to the [secretary of state] public accountability board a penalty equal to the amount of each contribution received or pledged after the Tuesday before the election that was not timely filed.

          D. All sums collected for the penalty shall be deposited in the [state general] public election fund. A report or statement of [exception] no activity shall be deemed timely filed only if it is received by the proper filing officer by the date and time prescribed by law.

          E. Any candidate who fails or refuses to file a report of expenditures and contributions or statement of no activity or to pay a penalty imposed by the [secretary of state] public accountability board as required by the Campaign Reporting Act shall not, in addition to any other penalties provided by law:

                (1) have the candidate's name printed upon the ballot if the violation occurs before and through the final date for the withdrawal of candidates; or

                (2) be issued a certificate of nomination or election, if the violation occurs after the final date for withdrawal of candidates or after the election, until the candidate satisfies all reporting requirements of the Campaign Reporting Act and pays all penalties owed.

          F. The public accountability board shall maintain on its website a list of persons who failed or refused to file a report of expenditures and contributions or a statement of no activity or to pay a penalty imposed by the board and have not remedied the failure or refusal.

          [F.] G. Any candidate who loses an election and who failed or refused to file a report of expenditures and contributions or a statement of no activity or to pay a penalty imposed by the [secretary of state] public accountability board as required by the Campaign Reporting Act shall not be, in addition to any other penalties provided by law, permitted to file a declaration of candidacy or nominating petition for any future election until the candidate satisfies all reporting requirements of that act and pays all penalties owed."

     SECTION 20. Section 1-19A-16 NMSA 1978 (being Laws 2003, Chapter 14, Section 16) is amended to read:

     "1-19A-16. APPEALS.--The procedure for challenging a certification decision by the secretary is as follows:

          A. a person aggrieved by a certification decision or a decision regarding the distribution of matching funds may appeal to the [secretary] public accountability board within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal;

          B. within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the [secretary] public accountability board shall hold a hearing [whereby] in which:

                (1) the appellant has the burden of providing evidence to demonstrate that the secretary's decision was improper; and

                (2) the [secretary] public accountability board shall rule on the appeal within three days after the completion of the hearing;

          C. the parties in dispute may appeal the decision of the [secretary] public accountability board by commencing an action in district court; and

          D. certified candidates whose certification is revoked on appeal shall return to the secretary any unspent money distributed from the fund. If the secretary or court finds that an appeal was made frivolously or to result in delay or hardship, the secretary or court may sanction the moving party by requiring the party to pay costs of the administrative hearing, the court hearing and the opposing parties."

     SECTION 21. Section 1-19A-17 NMSA 1978 (being Laws 2003, Chapter 14, Section 17) is amended to read:

     "1-19A-17. PENALTIES.--

          A. In addition to other penalties that may be applicable, a person who violates a provision of the Voter Action Act is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, a certified candidate found in violation of that act may be required to return to the fund all amounts distributed to the candidate from the fund. If the [secretary] public accountability board makes a determination that a violation of that act has occurred, the [secretary] public accountability board shall impose a fine or transmit the finding to the attorney general for prosecution. In determining whether a certified candidate is in violation of the expenditure limits of that act, the [secretary] public accountability board may consider as a mitigating factor any circumstances out of the candidate's control.

          B. A person who willfully or knowingly violates the provisions of the Voter Action Act or rules of the secretary or knowingly makes a false statement in a report required by that act is guilty of a fourth degree felony and, if [he] the person is a certified candidate, shall return to the fund all money distributed to that candidate."

     SECTION 22. Section 1-22A-6 NMSA 1978 (being Laws 2013, Chapter 180, Section 6) is amended to read:

     "1-22A-6. VOLUNTARY COMPLIANCE--COMPLAINTS AND INVESTIGATIONS--ARBITRATION--REFERRALS FOR ENFORCEMENT.--

          A. [The secretary of state may initiate investigations to determine whether any provision of the School District Campaign Reporting Act has been violated. Additionally] Any person who believes that a provision of [that act] the School District Campaign Reporting Act has been violated may file a written complaint with the [secretary of state] public accountability board any time prior to ninety days after an election, except that no complaints from the public may be filed within eight days prior to an election. The [secretary of state] board shall adopt procedures for issuing advisory opinions and processing complaints and notifications of violations.

          B. The [secretary of state] public accountability board shall at all times seek to ensure voluntary compliance with the provisions of the School District Campaign Reporting Act. If the [secretary of state] board determines that a provision of that act for which a penalty may be imposed has been violated, the [secretary of state] board shall by written notice set forth the violation and the fine imposed and inform the reporting individual that the individual has ten [working] days from the date of the letter to correct the matter and to provide a written explanation, under penalty of perjury, stating any reason why the violation occurred. If a timely explanation is filed and the [secretary of state] board determines that good cause exists to waive the fine imposed, the [secretary of state] board may by a written notice of final action partially or fully waive any fine imposed for any late, incomplete or false report or statement of [exception] no activity. A written notice of final action shall be sent by certified mail.

          C. Upon receipt of the notice of final action, the person against whom the penalty has been imposed may protest the [secretary of state's] public accountability board's determination by submitting on a prescribed form a written request for [binding arbitration] a hearing to the [secretary of state] board within ten [working] days of the date of the notice of final action. The hearing shall be conducted by an independent hearing officer appointed pursuant to the Administrative Hearings Office Act. Any fine imposed shall be due and payable within ten [working] days of the date of notice of final action. [No additional fine shall accrue pending the issuance of the arbitration decision. Fines paid pursuant to a notice of final action that are subsequently reduced or dismissed shall be reimbursed with interest within ten working days after the filing of the arbitration decision with the secretary of state. Interest on the reduced or dismissed portion of the fine shall be the same as the rate of interest earned by the secretary of state's escrow account to be established by the department of finance and administration.

          D. An arbitration hearing shall be conducted by a single arbitrator selected within ten days by the person against whom the penalty has been imposed from a list of five arbitrators provided by the secretary of state. Neither the secretary of state nor a person subject to the School District Campaign Reporting Act, Campaign Reporting Act Lobbyist Regulation Act or Financial Disclosure Act may serve as an arbitrator. Arbitrators shall be considered to be independent contractors, not public officers or employees, and shall not be paid per diem and mileage.

          E.] D. The [arbitrator] hearing officer shall conduct the hearing within thirty days of the request [for arbitration. The arbitrator] and may impose any penalty [the secretary of state is authorized to impose] provided for in the School District Campaign Reporting Act. The [arbitrator] hearing officer shall state the reasons for the [arbitrator's] decision in a written document that shall be a public record. [The decision shall be final and binding.] The decision shall be issued and filed with the [secretary of state] public accountability board within thirty days of the conclusion of the hearing. [Unless otherwise provided for in this section or by rule or regulation adopted by the secretary of state, the procedures for the arbitration shall be governed by the Uniform Arbitration Act. No arbitrator shall be subject to liability for actions taken pursuant to this section.

          F. The secretary of state may refer a matter to the attorney general or a district attorney for a civil injunction or other appropriate order or for criminal enforcement.]"

     SECTION 23. Section 1-22A-8 NMSA 1978 (being Laws 2013, Chapter 180, Section 8) is amended to read:

     "1-22A-8. CIVIL PENALTIES.--

          [A. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the School District Campaign Reporting Act, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement.

          B. The attorney general or district attorney]

          A. The public accountability board may institute a civil action in district court for any violation of the School District Campaign Reporting Act or to prevent a violation of that act that involves an unlawful solicitation or the making or acceptance of an unlawful contribution.  An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000), and forfeiture of any contribution received as a result of an unlawful solicitation or unlawful contribution.  Each unlawful solicitation and each unlawful contribution made or accepted shall be deemed a separate violation of the Campaign Reporting Act.   

          [C. The attorney general or district attorney]

          B. The public accountability board may institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the School District Campaign Reporting Act other than that specified in Subsection [B] A of this section.  Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of fifty dollars ($50.00) for each violation not to exceed five thousand dollars ($5,000)."

     SECTION 24. Section 2-6-1 NMSA 1978 (being Laws 1961, Chapter 2, Section 1, as amended) is amended to read:

     "2-6-1. LIMIT ON THE TIME WITHIN WHICH BILLS MAY BE INTRODUCED.--

          A. A bill shall not be accepted for filing until after the beginning of the prohibited period for soliciting campaign contributions provided for in Section 1-19-34.1 NMSA 1978.

          B. No bill shall be introduced at any regular session of the legislature subsequent to the thirtieth legislative day in sessions held in the odd-numbered years or subsequent to the fifteenth legislative day in sessions held in the even-numbered years. The limitation provided in this [section] subsection does not apply to the general appropriation bill, bills to provide for the current expenses of the government and such bills as may be referred to the legislature by the governor by special message specifically setting forth the emergency or necessity requiring such legislation."

     SECTION 25. Section 2-11-2 NMSA 1978 (being Laws 1977, Chapter 261, Section 2, as amended) is amended to read:

     "2-11-2. DEFINITIONS.--As used in the Lobbyist Regulation Act:

          A. "compensation" means any money, per diem, salary, fee or portion thereof or the equivalent in services rendered or in-kind contributions received or to be received in return for lobbying services performed or to be performed;

          B. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value but does not include a lobbyist's own personal living expenses and the expenses incidental to establishing and maintaining an office in connection with lobbying activities or compensation paid to a lobbyist by a lobbyist's employer;

          C. "legislative committee" means a committee created by the legislature, including interim and standing committees of the legislature;

          D. "lobbying" means attempting to influence:

                (1) a decision related to any matter to be considered or being considered by the legislative branch of state government or any legislative committee or any legislative matter requiring action by the governor or awaiting action by the governor; or

                (2) an official action;

          E. "lobbyist" means any individual who is compensated for the specific purpose of lobbying; is designated by an interest group or organization to represent it on a substantial or regular basis for the purpose of lobbying; or in the course of [his] employment, is engaged in lobbying on a substantial or regular basis. "Lobbyist" does not include:

                (1) an individual who appears on [his] the individual's own behalf in connection with legislation or an official action;

                (2) [any] an elected or appointed officer of the state or its political subdivisions or an Indian nation, tribe or pueblo acting in [his] the officer's official capacity;

                (3) an employee of the state or its political subdivisions, specifically designated by an elected or appointed officer of the state or its political subdivision, who appears before a legislative committee or in a rulemaking proceeding only to explain the effect of legislation or a rule on [his] the designated employee's agency or political subdivision; provided that the elected or appointed officer of the state or its political subdivision keeps for public inspection and files with the [secretary of state] public accountability board such designation;

                (4) [any] a designated member of the staff of an elected state official; provided that the elected state official keeps for public inspection and files with the [secretary of state] public accountability board such designation;

                (5) a member of the legislature, the staff of [any] a member of the legislature or the staff of [any] a legislative committee when addressing legislation;

                (6) [any] a witness called by a legislative committee or administrative agency to appear before that legislative committee or agency in connection with legislation or an official action;

                (7) an individual who provides only oral or written public testimony in connection with a legislative committee or in a rulemaking proceeding and whose name and the interest on behalf of which [he] the individual testifies have been clearly and publicly identified; [or]

                (8) the executive director of a nonprofit or an intergovernmental or trade association organized under the provisions of Section 501(c) of the Internal Revenue Code of 1986 who provides oral or written public testimony in connection with a legislative committee or in a rulemaking proceeding and whose name and organization have been clearly and publicly identified; or

                [(8)] (9) a publisher, owner or employee of the print media, radio or television, while gathering or disseminating news or editorial comment to the general public in the ordinary course of business;

          F. "lobbyist's employer" means the person whose interests are being represented and by whom a lobbyist is directly or indirectly retained, compensated or employed;

          G. "official action" means the action or nonaction of a state official or state agency, board or commission acting in a rulemaking proceeding;

          H. "person" means an individual, partnership, association, committee, federal, state or local governmental entity or agency, however constituted, public or private corporation or any other organization or group of persons who are voluntarily acting in concert;

          I. "political contribution" means a gift, subscription, loan, advance or deposit of [any] money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for the purpose of influencing a primary, general or statewide election, including a constitutional or other question submitted to the voters, or for the purpose of paying a debt incurred in any such election;

          J. "prescribed form" means a form prepared and prescribed by the secretary of state;

          K. "rulemaking proceeding" means a formal process conducted by a state agency, board or commission for the purpose of adopting a rule, regulation, standard, policy or other requirement of general applicability and does not include adjudicatory proceedings; and

          L. "state public officer" means a person holding a statewide office provided for in the constitution of New Mexico."

     SECTION 26. Section 2-11-8.2 NMSA 1978 (being Laws 1977, Chapter 261, Section 4, as amended) is amended to read:

     "2-11-8.2. COMPLIANCE WITH ACT--ENFORCEMENT OF ACT--

 BINDING ARBITRATION--CIVIL PENALTIES.--

          A. The secretary of state shall advise and seek to educate all persons required to perform duties pursuant to the Lobbyist Regulation Act of those duties. This includes advising all registered lobbyists at least annually of the Lobbyist Regulation Act's deadlines for submitting required reports. The [secretary of state, in consultation with the attorney general] public accountability board shall issue advisory opinions, when requested to do so in writing, on matters concerning the Lobbyist Regulation Act. All prescribed forms prepared shall be clear and easy to complete.

          B. The [secretary of state] public accountability board may conduct thorough examinations of reports and initiate investigations to determine whether the Lobbyist Regulation Act has been violated. Additionally, any person who believes that a provision of that act has been violated may file a written complaint with the [secretary of state] board. The [secretary of state] board shall adopt procedures for issuing advisory opinions, processing complaints and notifications of violations.

          C. The [secretary of state] public accountability board shall at all times seek to ensure voluntary compliance with the provisions of the Lobbyist Regulation Act. If the [secretary of state] board determines that a provision of that act for which a penalty may be imposed has been violated, the [secretary of state] board shall by written notice set forth the violation and the fine imposed and inform the person that [he] the person has ten [working] days to provide a written explanation, under penalty of perjury, stating any reason the violation occurred. If a timely explanation is filed and the [secretary of state] board determines that good cause exists, the [secretary of state] board may by a written notice of final action partially or fully waive any fine imposed. A written notice of final action shall be sent by certified mail.

          D. If the person charged disputes the [secretary of state's] public accountability board's determination, including an advisory opinion, the person charged may request [binding arbitration] a hearing within ten [working] days of the date of the final action. The hearing shall be conducted by an independent hearing officer appointed pursuant to the Administrative Hearings Office Act. Any penalty imposed shall be due and payable within ten [working] days of the date of the notice of final action. [No additional penalty shall accrue pending issuance of the arbitration decision. Fines paid pursuant to a notice of final action that are subsequently reduced or dismissed shall be reimbursed with interest within ten working days after the filing of the arbitration decision with the secretary of state. Interest on the reduced or dismissed portion of the fine shall be the same as the rate of interest earned by the secretary of state's escrow account to be established by the department of finance and administration.

          E. An arbitration hearing shall be conducted by a single arbitrator selected within ten days by the person against whom the penalty has been imposed from a list of five arbitrators provided by the secretary of state. Neither the secretary of state nor a person subject to the Lobbyist Regulation Act, Campaign Reporting Act or Financial Disclosure Act may serve as an arbitrator. Arbitrators shall be considered to be independent contractors, not public officers or employees, and shall not be paid per diem and mileage.

          F.] E. The [arbitrator] independent hearing officer shall conduct the hearing within thirty days of the request and may impose any penalty and take any action [the secretary of state is] authorized [to take] by the Lobbyist Regulation Act. The [arbitrator] hearing officer shall state the reasons for [his] the decision in a written document that shall be a public record. [The decision shall be final and binding.] The decision shall be issued and filed with the [secretary of state] public accountability board within thirty days of the conclusion of the hearing. [Unless otherwise provided for in this section, or by rule or regulation adopted by the secretary of state, the procedures for the arbitration shall be governed by the Uniform Arbitration Act. No arbitrator shall be subject to liability for actions taken pursuant to this section.

          G. Any] F. A person who files a report after the deadline imposed by the Lobbyist Regulation Act, or [any] a person who files a false or incomplete report, shall be liable for and shall pay to the [secretary of state] public election fund fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the report until the complete report is filed, up to a maximum of five thousand dollars ($5,000).

          [H. The secretary of state may refer a matter to the attorney general or a district attorney for a civil injunctive or other appropriate order or enforcement.]"

     SECTION 27. Section 2-15-7 NMSA 1978 (being Laws 1993, Chapter 46, Section 52) is amended to read:

     "2-15-7. [INTERIM] LEGISLATIVE ETHICS COMMITTEE--CREATION--APPOINTMENT.--

          A. [An "interim] The "legislative ethics committee", appointed by the New Mexico legislative council, is created as a permanent committee with authority to meet during the interim and the legislative session. Members of the New Mexico legislative council shall be allowed to serve on the [interim] legislative ethics committee.

          B. All matters [arising in the interim] pertaining to legislative ethics shall be referred to [this special interim] the legislative ethics committee.

          C. The committee shall be appointed by the New Mexico legislative council so as to give the two major political parties in each house equal representation on the committee. In appointing the members to the committee, the New Mexico legislative council shall adopt the recommendations of the respective floor leaders of each house.

          D. The legislative ethics committee shall include two nonvoting public members, one appointed by the speaker of the house of representatives with the agreement of the majority and minority floor leaders of the house of representatives and one appointed by the president pro tempore of the senate with the agreement of the majority and minority leaders of the senate.

          [D.] E. The New Mexico legislative council shall name the [interim] legislative ethics committee at the beginning of each interim, but the committee shall convene [the committee] only upon the receipt of a complaint, a request for an advisory opinion or a referral."

     SECTION 28. Section 2-15-8 NMSA 1978 (being Laws 1993, Chapter 46, Section 53) is amended to read:

     "2-15-8. [INTERIM] LEGISLATIVE ETHICS COMMITTEE--DUTIES.--

          A. The [interim] legislative ethics committee is authorized to:

                [A.] (1) issue advisory opinions on the interpretation and enforcement of ethical principles as applied to the legislature and that are not under the jurisdiction of the public accountability board;

                [B.] (2) investigate complaints from another member of the legislature or a member of the public alleging misconduct of a legislator;

                [C.] (3) investigate referrals made to the [co-chairmen] co-chairs of the New Mexico legislative council from the public accountability board, the attorney general, the secretary of state or a district attorney;

                [D.] (4) hire special counsel, arbitrators or independent hearing officers as necessary; and

                [E.] (5) make recommendations to the respective houses [by the end of the first full week of the next convened regular session] regarding proposed sanctions for ethical misconduct.

          B. The legislative ethics committee shall issue an annual report no later than the first day of May of each year regarding its activities during the previous twelve months, including a listing of the number of complaints received, the disposition of the complaints that have been resolved and the advisory opinions issued.

          C. The legislative ethics committee shall maintain a web page on the legislature's website."

     SECTION 29. Section 2-15-9 NMSA 1978 (being Laws 1993, Chapter 46, Section 54) is amended to read:

     "2-15-9. [INTERIM] LEGISLATIVE ETHICS COMMITTEE--PROCEDURES--CONFIDENTIALITY.--

          A. [Except as provided in this section] The New Mexico legislative council shall develop procedures to carry out the provisions of this section [in accordance with the existing procedures in the house and senate rules]. The procedures used by the legislative ethics committee when it conducts an investigation of a complaint shall be substantially similar to the procedures used by the public accountability board.

          B. A member of the [interim] legislative ethics committee [shall be] is ineligible to participate in any matter relating directly to that member's conduct. In any such case, a substitute member to the committee shall be appointed from the same house from the same political party by the appropriate appointing authority. A member may seek to be disqualified from any matter brought before the legislative ethics committee on the grounds that the member cannot render a fair and impartial decision. Disqualification [must] shall be approved by [a majority vote of the remaining members of the committee] the appropriate appointing authority. In any such case, a substitute member to the committee shall be appointed from the same political party as provided in this section.

          C. The [interim] legislative ethics committee is authorized to issue advisory opinions on matters relating to ethical conduct [during the interim]. Any question relating to the interpretation and enforcement of ethical principles as applied to the legislature may be submitted in writing to the [New Mexico] director of the legislative council service by a legislator describing a real or hypothetical situation and requesting an advisory opinion establishing an appropriate standard of ethical conduct for that situation. The question shall be referred to the [joint interim] legislative ethics committee. The public members of the committee shall be allowed to participate in committee meetings related to advisory opinions.

          D. To initiate any action [during the interim on alleged] alleging misconduct [any]:

                (1) a legislator [or member of the public may] shall file with the director of the legislative council service a written, sworn, notarized complaint setting forth, with specificity, the facts alleged to constitute unethical conduct; and

                (2) a member of the public shall file with the public accountability board a written, sworn, notarized complaint setting forth, with specificity, the facts alleged to constitute unethical conduct.

          E. A complaint [shall be] filed with the [New Mexico] director of the legislative council service shall be forwarded to the appropriate co-chairs of the legislative ethics committee. Upon receipt of [the] a complaint, the [co-chairmen] co-chairs shall convene the [interim] legislative ethics committee. The public member appointed by the speaker of the house of representatives shall be allowed to participate in committee meetings related to a complaint about a member of the house of representatives and the public member appointed by the president pro tempore of the senate shall be allowed to participate in committee meetings related to a complaint about a member of the senate. The public members shall be allowed to participate in committee meetings that relate to all other matters.

          [E.] F. The [interim] legislative ethics committee shall maintain rules of confidentiality unless the legislator against whom a complaint is filed waives the rules or any part of them in writing. The confidentiality rules shall include the following provisions:

                (1) [the complainant] the committee and its staff shall not publicly disclose any information relating to the filing or investigation of a complaint, including the identity of the complainant or respondent, until after a finding of probable cause has been made that a violation has occurred;

                (2) the identity of the complainant shall be released to the respondent immediately upon request; and

                (3) no member of the committee or its staff may knowingly disclose any confidential information except as authorized by the committee.

          G. Any hearing of the legislative ethics committee in which the committee recommends sanctions against a legislator shall be open to the public, and any documents introduced as evidence in the hearing shall be public records."

     SECTION 30. Section 2-15-11 NMSA 1978 (being Laws 1993, Chapter 46, Section 56) is amended to read:

     "2-15-11. LEGISLATIVE ETHICS COMMITTEE--STAFF.--The staff for the [interim] legislative ethics committee shall be provided by the legislative council service, but the committee is authorized to hire such special counsel, arbitrators or independent hearing officers, or to request the appointment of an independent hearing officer, as provided for in the Administrative Hearings Office Act, as necessary to assist the [legislative ethics] committee when it is convened."

     SECTION 31. Section 2-15-12 NMSA 1978 (being Laws 1993, Chapter 46, Section 57) is amended to read:

     "2-15-12. [NEW MEXICO] LEGISLATIVE [COUNCIL] ETHICS COMMITTEE--BUDGET.--The New Mexico legislative council shall annually provide an amount sufficient to carry out the duties and mandate of the [interim] legislative ethics committee."

     SECTION 32. Section 7-1B-6 NMSA 1978 (being Laws 2015, Chapter 73, Section 6) is amended to read:

     "7-1B-6. HEARING OFFICER CODE OF CONDUCT--INDEPENDENCE.--

          A. The chief hearing officer shall:

                (1) adopt and promulgate a hearing officer code of conduct; and

                (2) periodically evaluate each hearing officer's performance for competency, efficiency and professional demeanor in [accord] accordance with relevant legal standards and the hearing officer code of conduct.

          B. The chief hearing officer shall ensure that each hearing officer has decisional independence; however, the chief hearing officer may:

                (1) consult with a hearing officer about a genuine question of law; and

                (2) review with a hearing officer any issue on appeal addressed by a court of this state.

          C. The administrative hearings office shall:

                (1) hear all tax protests pursuant to the provisions of the Tax Administration Act;

                (2) hear property tax protests pursuant to the provisions of the Property Tax Code;

                (3) hear all certificate-denial protests pursuant to the provisions of Section 13-1-22 NMSA 1978;

                (4) conduct all adjudicatory hearings pursuant to the Motor Vehicle Code;

                (5) conduct all driver's license revocation hearings pursuant to the provisions of the Implied Consent Act;

                (6) conduct hearings related to decisions of the public accountability board;

                [(6)] (7) make and preserve a complete record of all proceedings; and

                [(7)] (8) maintain confidentiality regarding taxpayer information as required by the provisions of Section 7-1-8 NMSA 1978.

          D. In hearings conducted pursuant to the Tax Administration Act, Section 13-1-22 NMSA 1978 and the Motor Vehicle Code:

                (1) the rules of evidence that govern proceedings in the state's courts do not apply. The hearing officer may require reasonable substantiation of statements or records tendered, the accuracy or truth of which is in reasonable doubt, to rule on the admissibility of evidence. A taxpayer or the taxation and revenue department may request a written ruling on a contested question of evidence in a matter in which the taxpayer has filed a written protest and for which that protest is pending. The administrative hearings office shall issue a copy of its written ruling to the taxation and revenue department at the time the ruling is issued to the taxpayer;

                (2) the Rules of Civil Procedure for the District Courts do not apply. The hearing officer shall conduct a hearing to allow the ample and fair presentation of complaints and defenses. The hearing officer shall hear arguments, permit discovery, entertain and dispose of motions, require written expositions of the case as the circumstances justify and render a decision in accordance with the law and the evidence presented and admitted. A taxpayer or the taxation and revenue department may request a written ruling on a contested question of procedure in a matter in which the taxpayer has filed a written protest and for which that protest is pending. The administrative hearings office shall issue a copy of its written ruling to the taxation and revenue department at the time the ruling is issued to the taxpayer; and

                (3) the hearing officer may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and for hearings conducted for a license suspension pursuant to Section 66-5-30 NMSA 1978, the hearing officer may require a reexamination of the licensee."

     SECTION 33. Section 10-15-1 NMSA 1978 (being Laws 1974, Chapter 91, Section 1, as amended) is amended to read:

     "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.--

          A. In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. The formation of public policy or the conduct of business by vote shall not be conducted in closed meeting. All meetings of any public body except the legislature and the courts shall be public meetings, and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. Reasonable efforts shall be made to accommodate the use of audio and video recording devices.

          B. All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency or any agency or authority of any county, municipality, district or political subdivision, held for the purpose of formulating public policy, including the development of personnel policy, rules, regulations or ordinances, discussing public business or taking any action within the authority of or the delegated authority of any board, commission or other policymaking body are declared to be public meetings open to the public at all times, except as otherwise provided in the constitution of New Mexico or the Open Meetings Act. No public meeting once convened that is otherwise required to be open pursuant to the Open Meetings Act shall be closed or dissolved into small groups or committees for the purpose of permitting the closing of the meeting.

          C. If otherwise allowed by law or rule of the public body, a member of a public body may participate in a meeting of the public body by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person; provided that each member participating by conference telephone can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the public body who speaks during the meeting.

          D. Any meetings at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs and at which a majority or quorum of the body is in attendance, and any closed meetings, shall be held only after reasonable notice to the public. The affected body shall determine at least annually in a public meeting what notice for a public meeting is reasonable when applied to that body. That notice shall include broadcast stations licensed by the federal communications commission and newspapers of general circulation that have provided a written request for such notice.

          E. A public body may recess and reconvene a meeting to a day subsequent to that stated in the meeting notice if, prior to recessing, the public body specifies the date, time and place for continuation of the meeting and, immediately following the recessed meeting, posts notice of the date, time and place for the reconvened meeting on or near the door of the place where the original meeting was held and in at least one other location appropriate to provide public notice of the continuation of the meeting. Only matters appearing on the agenda of the original meeting may be discussed at the reconvened meeting.

          F. Meeting notices shall include an agenda containing a list of specific items of business to be discussed or transacted at the meeting or information on how the public may obtain a copy of such an agenda. Except in the case of an emergency or in the case of a public body that ordinarily meets more frequently than once per week, at least seventy-two hours prior to the meeting, the agenda shall be available to the public and posted on the public body's [web site] website, if one is maintained. A public body that ordinarily meets more frequently than once per week shall post a draft agenda at least seventy-two hours prior to the meeting and a final agenda at least thirty-six hours prior to the meeting. Except for emergency matters, a public body shall take action only on items appearing on the agenda. For purposes of this subsection, "emergency" refers to unforeseen circumstances that, if not addressed immediately by the public body, will likely result in injury or damage to persons or property or substantial financial loss to the public body. Within ten days of taking action on an emergency matter, the public body shall report to the [attorney general's office] public accountability board the action taken and the circumstances creating the emergency; provided that the requirement to report to the [attorney general] public accountability board is waived upon the declaration of a state or national emergency.

          G. The board, commission or other policymaking body shall keep written minutes of all its meetings. The minutes shall include at a minimum the date, time and place of the meeting, the names of members in attendance and those absent, the substance of the proposals considered and a record of any decisions and votes taken that show how each member voted. All minutes are open to public inspection. Draft minutes shall be prepared within ten working days after the meeting and shall be approved, amended or disapproved at the next meeting where a quorum is present. Minutes shall not become official until approved by the policymaking body.

          H. The provisions of Subsections A, B and G of this section do not apply to:

                (1) meetings pertaining to issuance, suspension, renewal or revocation of a license, except that a hearing at which evidence is offered or rebutted shall be open. All final actions on the issuance, suspension, renewal or revocation of a license shall be taken at an open meeting;

                (2) limited personnel matters; provided that for purposes of the Open Meetings Act, "limited personnel matters" means the discussion of hiring, promotion, demotion, dismissal, assignment or resignation of or the investigation or consideration of complaints or charges against any individual public employee; provided further that this paragraph is not to be construed as to exempt final actions on personnel from being taken at open public meetings, nor does it preclude an aggrieved public employee from demanding a public hearing. Judicial candidates interviewed by any commission shall have the right to demand an open interview;

                (3) deliberations by a public body in connection with an administrative adjudicatory proceeding. For purposes of this paragraph, "administrative adjudicatory proceeding" means a proceeding brought by or against a person before a public body in which individual legal rights, duties or privileges are required by law to be determined by the public body after an opportunity for a trial-type hearing. Except as otherwise provided in this section, the actual administrative adjudicatory proceeding at which evidence is offered or rebutted and any final action taken as a result of the proceeding shall occur in an open meeting;

                (4) the discussion of personally identifiable information about any individual student, unless the student or the student's parent or guardian requests otherwise;

                (5) meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the policymaking body and a bargaining unit representing the employees of that policymaking body and collective bargaining sessions at which the policymaking body and the representatives of the collective bargaining unit are present;

                (6) that portion of meetings at which a decision concerning purchases in an amount exceeding two thousand five hundred dollars ($2,500) that can be made only from one source is discussed and that portion of meetings at which the contents of competitive sealed proposals solicited pursuant to the Procurement Code are discussed during the contract negotiation process. The actual approval of purchase of the item or final action regarding the selection of a contractor shall be made in an open meeting;

                (7) meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the public body is or may become a participant;

                (8) meetings for the discussion of the purchase, acquisition or disposal of real property or water rights by the public body;

                (9) those portions of meetings of committees or boards of public hospitals where strategic and long-range business plans or trade secrets are discussed; [and]

                (10) that portion of a meeting of the gaming control board dealing with information made confidential pursuant to the provisions of the Gaming Control Act; and

                (11) except as provided in the Public Accountability Act, meetings of the public accountability board or its committees that relate to complaints or investigations.

          I. If any meeting is closed pursuant to the exclusions contained in Subsection H of this section:

                (1) the closure, if made in an open meeting, shall be approved by a majority vote of a quorum of the policymaking body; the authority for the closure and the subject to be discussed shall be stated with reasonable specificity in the motion calling for the vote on a closed meeting; the vote shall be taken in an open meeting; and the vote of each individual member shall be recorded in the minutes. Only those subjects announced or voted upon prior to closure by the policymaking body may be discussed in a closed meeting; or

                (2) if a closure is called for when the policymaking body is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of the law authorizing the closed meeting and stating with reasonable specificity the subject to be discussed is given to the members and to the general public.

          J. Following completion of any closed meeting, the minutes of the open meeting that was closed or the minutes of the next open meeting if the closed meeting was separately scheduled shall state that the matters discussed in the closed meeting were limited only to those specified in the motion for closure or in the notice of the separate closed meeting. This statement shall be approved by the public body under Subsection G of this section as part of the minutes."

     SECTION 34. Section 10-15-3 NMSA 1978 (being Laws 1974, Chapter 91, Section 3, as amended) is amended to read:

     "10-15-3. INVALID ACTIONS--STANDING.--

          A. No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be valid unless taken or made at a meeting held in accordance with the requirements of Section 10-15-1 NMSA 1978. Every resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be presumed to have been taken or made at a meeting held in accordance with the requirements of Section 10-15-1 NMSA 1978.

          B. Civil enforcement of all provisions of the Open Meetings Act shall be [enforced] by the [attorney general or by the district attorney in the county of jurisdiction] public accountability board. However, nothing in that act shall prevent an individual from independently applying for enforcement through the district courts; provided that the individual first provides written notice of the claimed violation to the public body and that the public body has denied or not acted on the claim within fifteen days of receiving it. A public meeting held to address a claimed violation of the Open Meetings Act shall include a summary of comments made at the meeting at which the claimed violation occurred.

          C. The district courts of this state shall have jurisdiction, upon the application of any person to enforce the purpose of the Open Meetings Act, by injunction, mandamus or other appropriate order. The court shall award costs and reasonable attorney fees to any person who is successful in bringing a court action to enforce the provisions of the Open Meetings Act. If the prevailing party in a legal action brought under this section is a public body defendant, it shall be awarded court costs. A public body defendant that prevails in a court action brought under this section shall be awarded its reasonable attorney fees from the plaintiff if the plaintiff brought the action without sufficient information and belief that good grounds supported it.

          D. No section of the Open Meetings Act shall be construed to preclude other remedies or rights not relating to the question of open meetings."

     SECTION 35. Section 10-16-11 NMSA 1978 (being Laws 1967, Chapter 306, Section 11, as amended) is amended to read:        "10-16-11. CODES OF CONDUCT.--

          A. [By January 1, 1994] Each elected statewide executive branch public officer shall adopt a general code of conduct for employees subject to [his] the officer's control. The New Mexico legislative council shall adopt a general code of conduct for all legislative branch employees. The general codes of conduct shall be based on the principles set forth in the Governmental Conduct Act.

          B. Within thirty days after the general codes of conduct are adopted, they shall be given to and reviewed with all executive and legislative branch officers and employees. All new public officers and employees of the executive and legislative branches shall review the employees' general code of conduct prior to or at the time of being hired.

          C. The head of every executive and legislative agency and institution of the state may draft a separate code of conduct for all public officers and employees in that agency or institution. The separate agency code of conduct shall prescribe standards, in addition to those set forth in the Governmental Conduct Act and the general codes of conduct for all executive and legislative branch public officers and employees, that are peculiar and appropriate to the function and purpose for which the agency or institution was created or exists. The separate codes, upon approval of the responsible executive branch public officer for executive branch public officers and employees or the New Mexico legislative council for legislative branch employees, govern the conduct of the public officers and employees of that agency or institution and, except for those public officers and employees removable only by impeachment, shall, if violated, constitute cause for dismissal, demotion or suspension. The head of each executive and legislative branch agency shall adopt ongoing education programs to advise public officers and employees about the codes of conduct. All codes shall be filed with the [secretary of state] public accountability board and are open to public inspection.

          D. Codes of conduct shall be reviewed at least once every four years. An amended code shall be filed as provided in Subsection C of this section.

          E. All legislators shall attend a minimum of two hours of ethics continuing education and training developed and provided by the public accountability board biennially."

     SECTION 36. Section 10-16-13.1 NMSA 1978 (being Laws 1993, Chapter 46, Section 35) is amended to read:

     "10-16-13.1. EDUCATION AND VOLUNTARY COMPLIANCE.--

          A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Governmental Conduct Act of those duties. This includes advising all those persons at least annually of that act's ethical principles.

          B. The [secretary of state] public accountability board shall seek first to ensure voluntary compliance with the provisions of the Governmental Conduct Act. A person who violates that act unintentionally or for good cause shall be given ten days' notice to correct the matter. Referrals for civil enforcement of that act shall be pursued only after efforts to secure voluntary compliance with that act have failed."

     SECTION 37. Section 10-16-18 NMSA 1978 (being Laws 1995, Chapter 153, Section 23) is amended to read:

     "10-16-18. ENFORCEMENT--CIVIL PENALTIES.--[A.] If the [secretary of state] public accountability board reasonably believes that a person committed, or is about to commit, a violation of the Governmental Conduct Act, the [secretary of state] board shall [refer the matter to the attorney general or a district attorney for enforcement.

          B. The attorney general or a district attorney may] institute a civil action in district court if a violation has occurred or to prevent a violation of [any] a provision of the Governmental Conduct Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000)."

     SECTION 38. Section 10-16A-1 NMSA 1978 (being Laws 1993, Chapter 46, Section 39) is amended to read:

     "10-16A-1. SHORT TITLE--FINANCIAL DISCLOSURE ACT.--[Sections 39 through 45 of this act] Chapter 10, Article 16A NMSA 1978 may be cited as the "Financial Disclosure Act"."

     SECTION 39. Section 10-16A-5 NMSA 1978 (being Laws 1993, Chapter 46, Section 43) is amended to read:

     "10-16A-5. EDUCATION AND VOLUNTARY COMPLIANCE.--

          A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Financial Disclosure Act of those duties. This includes providing timely advance notice of the required financial disclosure statement and preparing forms that are clear and easy to complete.

          B. The [secretary of state] public accountability board shall seek first to ensure voluntary compliance with the provisions of the Financial Disclosure Act. A person who violates that act unintentionally or for good cause shall be given ten days' notice to correct the matter [before fines are imposed. Referrals for civil enforcement of the Financial Disclosure Act shall be pursued only after efforts to secure voluntary compliance with that act have failed]."

     SECTION 40. Section 10-16A-6 NMSA 1978 (being Laws 1993, Chapter 46, Section 44, as amended) is amended to read:         "10-16A-6. INVESTIGATIONS--[BINDING ARBITRATION] HEARING--FINES--ENFORCEMENT.--

          A. [The secretary of state may conduct thorough examinations of statements and initiate investigations to determine whether the Financial Disclosure Act has been violated.] Any person who believes that the Financial Disclosure Act has been violated may file a written complaint with the [secretary of state] public accountability board. The [secretary of state] board shall adopt procedures for processing complaints and notifications of violations.

          B. If the [secretary of state] public accountability board determines that a violation has occurred for which a penalty should be imposed, the [secretary of state] board shall so notify the person charged and impose the penalty. If the person charged disputes the [secretary of state's] board's determination, the person charged may request [binding arbitration.

          C. The arbitration decision shall be decided by a single arbitrator selected within ten days by the person against whom the penalty has been imposed from a list of five arbitrators provided by the secretary of state. No arbitrator may be a person subject to the Financial Disclosure Act, Campaign Reporting Act or Lobbyist Regulation Act. Arbitrators shall be considered to be independent contractors, not public officers or employees, and shall not be paid per diem and mileage] a hearing. The hearing shall be conducted by an independent hearing officer appointed pursuant to the Administrative Hearings Office Act.

          [D.] C. The [arbitrator] hearing officer shall conduct the hearing within thirty days of the request and may take any action [the secretary of state is] authorized [to take] by the Financial Disclosure Act. The [arbitrator] hearing officer shall state the reasons for [his] the decision in a written document that shall be a public record. [The decision shall be final and binding.] The decision shall be issued and filed with the board within thirty days of the conclusion of the hearing. [Unless otherwise provided for in this section, or by rule or regulation adopted by the secretary of state, the procedures for the arbitration shall be governed by the Uniform Arbitration Act. No arbitrator shall be subject to liability for actions taken pursuant to this section.

          E. Any] D. A person who files a statement or report after the deadline imposed by the Financial Disclosure Act, or [any] a person who files a false or incomplete statement or report, [is] shall be liable for and shall pay to the [secretary of state] public election fund, at or from the time initially required for the filing, fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the statement or report until the complete report is filed, up to a maximum of five thousand dollars ($5,000).

          [F. The secretary of state may refer a matter to the attorney general or a district attorney for a civil injunctive or other appropriate order or enforcement.]"

     SECTION 41. Section 10-16A-8 NMSA 1978 (being Laws 1995, Chapter 153, Section 25) is amended to read:

     "10-16A-8. ENFORCEMENT--CIVIL PENALTIES.--[A.] If the [secretary of state] public accountability board reasonably believes that a person committed, or is about to commit, a violation of the Financial Disclosure Act, the [secretary of state] board shall [refer the matter to the attorney general or a district attorney for enforcement.

          B. The attorney general or a district attorney may] institute a civil action in district court if a violation has occurred or to prevent a violation of [any] a provision of the Financial Disclosure Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000)."

     SECTION 42. Section 13-1-177 NMSA 1978 (being Laws 1984, Chapter 65, Section 150, as amended) is amended to read:

     "13-1-177. AUTHORITY TO SUSPEND OR DEBAR.--

          A. The [state purchasing agent or a central purchasing office] public accountability board, after consultation with the using agency, may suspend a person from consideration for award of contracts if the [state purchasing agent or central purchasing office] public accountability board, after reasonable investigation, finds that a person has engaged in conduct that constitutes cause for debarment pursuant to Section 13-1-178 NMSA 1978.

          B. The term of a suspension pursuant to this section shall not exceed three months; however, if a person, including a bidder, offeror or contractor, has been charged with a criminal offense that would be a cause for debarment pursuant to Section 13-1-178 NMSA 1978, the suspension shall remain in effect until the criminal charge is resolved and the person is debarred or the reason for suspension no longer exists.

          C. The [state purchasing agent or a central purchasing office] public accountability board, after reasonable notice to the person involved, shall have authority to [recommend to the governing authority of a state agency or a local public body the debarment of] debar a person for cause from consideration for award of contracts, other than contracts for professional services. The debarment shall not be for a period of more than three years. The authority to debar shall be exercised by the [governing authority of a state agency or a local public body] public accountability board in accordance with rules that shall provide for reasonable notice and a fair hearing prior to debarment.

          D. As used in this section, the terms "person", "bidder", "offeror" and "contractor" include principals, officers, directors, owners, partners and managers of the person, bidder, offeror or contractor."

     SECTION 43. Section 13-1-178 NMSA 1978 (being Laws 1984, Chapter 65, Section 151, as amended) is amended to read:

     "13-1-178. CAUSES FOR DEBARMENT OR SUSPENSION--TIME LIMIT.--

          A. The causes for debarment or suspension occurring within three years of the date final action on a procurement is taken include but are not limited to the following:

                (1) criminal conviction of a bidder, offeror or contractor for commission of a criminal offense related to obtaining unlawfully or attempting to obtain a public or private contract or subcontract, or related to the unlawful performance of such contract or subcontract;

                (2) civil judgment against a bidder, offeror or contractor for a civil violation related to obtaining unlawfully or attempting to obtain a public or private contract or subcontract, or related to the unlawful performance of such contract or subcontract;

                (3) conviction of a bidder, offeror or contractor under state or federal statutes related to embezzlement, theft, forgery, bribery, fraud, falsification or destruction of records, making false statements or receiving stolen property or for violation of federal or state tax laws;

                (4) conviction of a bidder, offeror or contractor under state or federal antitrust statutes relating to the submission of offers;

                (5) criminal conviction against a bidder, offeror or contractor for any other offense related to honesty, integrity or business ethics;

                (6) civil judgment against a bidder, offeror or contractor for a civil violation related to honesty, integrity or business ethics;

                (7) civil judgment against a bidder, offeror or contractor pursuant to the Unfair Practices Act;

                (8) violation by a bidder, offer or contractor of contract provisions, as set forth in this paragraph, of a character that is reasonably regarded by the [state purchasing agent or a central purchasing office] public accountability board to be so serious as to justify suspension or debarment action, including:

                     (a) willful failure to perform in accordance with one or more contracts; or

                     (b) a history of failure to perform or of unsatisfactory performance of one or more contracts; provided that this failure or unsatisfactory performance has occurred within a reasonable time preceding the decision to impose debarment; and provided further that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;

                (9) any other cause that the [state purchasing agent or a central purchasing office] public accountability board determines to be so serious and compelling as to affect responsibility as a contractor; or

                (10) for a willful violation by a bidder, offer or contractor of the provisions of the Procurement Code.

          B. As used in this section, the terms "bidder", "offer or" and "contractor" include principals, officers, directors, owners, partners and managers of the bidder, offeror or contractor."

     SECTION 44. Section 13-1-196 NMSA 1978 (being Laws 1984, Chapter 65, Section 169) is amended to read:

     "13-1-196. CIVIL PENALTY.--Any person, firm or corporation that knowingly violates any provision of the Procurement Code is subject to a civil penalty of not more than one thousand dollars ($1,000) for each procurement in violation of any provision of the Procurement Code. The [attorney general or the district attorney in the jurisdiction in which the violation occurs] public accountability board is empowered to bring a civil action for the enforcement of any provision of the Procurement Code. Any penalty collected under the provisions of this section shall be credited to the general fund of the political subdivision in which the violation occurred and on whose behalf the suit was brought."

     SECTION 45. Section 14-2-12 NMSA 1978 (being Laws 1993, Chapter 258, Section 9) is amended to read:

     "14-2-12. ENFORCEMENT.--

          A. An action to enforce the Inspection of Public Records Act may be brought by:

                (1) the [attorney general or the district attorney in the county of jurisdiction] public accountability board; or

                (2) a person whose written request has been denied.

          B. A district court may issue a writ of mandamus or order an injunction or other appropriate remedy to enforce the provisions of the Inspection of Public Records Act.

          C. The exhaustion of administrative remedies shall not be required prior to bringing any action to enforce the procedures of the Inspection of Public Records Act.

          D. The court shall award damages, costs and reasonable [attorneys'] attorney fees to any person whose written request has been denied and who is successful in a court action to enforce the provisions of the Inspection of Public Records Act."

     SECTION 46. Section 34-10-2.1 NMSA 1978 (being Laws 1977, Chapter 289, Section 1) is amended to read:

     "34-10-2.1. JUDICIAL STANDARDS COMMISSION--DUTIES--SUBPOENA POWER.--

          A. Pursuant to the judicial standards commission's authority granted by Article 6, Section 32 of the constitution of New Mexico, any justice, judge or magistrate of any court may be disciplined or removed for willful misconduct in office, persistent failure or inability to perform the judge's duties or habitual intemperance, or may be retired for a disability that seriously interferes with the performance of the justice's, judge's or magistrate's duties and that is, or is likely to become, of a permanent character. The judicial standards commission is granted the same authority to regulate the conduct and character of court-appointed commissioners and judicial hearing officers while acting in a judicial capacity.

          B. With respect to the officials listed in Subsection A of this section, the judicial standards commission shall:

                (1) investigate all charges, complaints and allegations as to willful misconduct in office, persistent failure or inability to perform [a judge's] official duties or habitual intemperance, [of any justice, judge or magistrate of any court, and when] if the commission deems necessary, and hold a hearing on the charges, complaints or allegations concerning the discipline or removal of [such judicial officer] the official;

                (2) investigate and, if the commission deems necessary, hold hearings on any charge, complaint or allegation that [a justice, judge or magistrate] an official listed in Subsection A of this section has suffered a disability that is seriously interfering with the performance of [his] the official's duties [which] and that is, or is likely to become, of a permanent character;

                (3) if the commission deems it necessary or convenient, appoint three masters, who are justices or judges of courts of record, to hear and take evidence in any matter arising under Paragraph (1) or (2) of this subsection who shall report their findings to the commission; and

                (4) after a hearing deemed necessary pursuant to Paragraph (2) of this subsection or after considering the record and the findings and report of the masters, if the commission finds good cause, [it shall] recommend to the supreme court the discipline, removal or retirement of the [justice, judge or magistrate] official.

         [B.] C. In any investigation or hearing held under the provisions of this section, the commission [shall have the power to] may administer oaths and, with the concurrence of a majority of the members of the commission, [it may] petition a district court to subpoena witnesses, compel their attendance and examine them under oath or affirmation and require the production of any books, records, documents or other evidence it may deem relevant or material to an investigation upon a showing of probable cause."

    SECTION 47. TEMPORARY PROVISION--COMPILER'S INSTRUCTION.--The New Mexico compilation commission shall rename Chapter 2, Article 15 NMSA 1978 "Legislative Ethics Committee".

    SECTION 48. REPEAL.--Sections 2-15-1 through 2-15-6, 2-15-10 and 10-16-14 NMSA 1978 (being Laws 1993, Chapter 46, Sections 46 through 51 and 55 and Laws 1967, Chapter 306, Section 14, as amended) are repealed.

    SECTION 49. APPLICABILITY.--The provisions of the Public Accountability Act apply to conduct that occurs on or after January 1, 2019.

    SECTION 50. EFFECTIVE DATE.--

         A. The effective date of the provisions of Section 24 of this act is July 1, 2017.

         B. The effective date of the provisions of Section 13 of this act is July 1, 2018.

         C. The effective date of the provisions of Sections 1 through 12, 14 through 23, 25 through 46, 48 and 49 of this act is July 1, 2019.

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