HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE JOINT RESOLUTION 8

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

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 25 OF THE CONSTITUTION OF NEW MEXICO TO CREATE AN INDEPENDENT STATE ETHICS COMMISSION WITH JURISDICTION TO INVESTIGATE AND ISSUE ADVISORY OPINIONS CONCERNING, AND JURISDICTION TO ADJUDICATE, CIVIL VIOLATIONS OF LAWS GOVERNING ETHICS, STANDARDS OF CONDUCT AND REPORTING REQUIREMENTS AS PROVIDED BY LAW.

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

     SECTION 1. It is proposed to amend Article 25 of the constitution of New Mexico to read:

          "A. There is created a "state ethics commission" as an independent state agency under the direction of seven commissioners, no more than three of whom may be members of the same political party, appointed as follows:

                (1) one commissioner appointed by the governor; and

                (2) as certified by the chief clerks of the respective chambers:

                     (a) one commissioner appointed by the president pro tempore of the senate;

                     (b) one commissioner appointed by the minority floor leader of the senate;

                     (c) one commissioner appointed by the speaker of the house of representatives;

                     (d) one commissioner appointed by the minority floor leader of the house of representatives; and

                     (e) two commissioners appointed by the four legislatively appointed commissioners, neither of whom shall be members of the same political party.

          B. A commissioner shall be a qualified elector of the state and have other qualifications as provided by law.

          C. Commissioners shall be appointed for staggered terms of four years beginning July 1, 2019 as provided by law. The commission shall select one of its commissioners to serve as chair of the commission.

          D. A person shall not serve as a commissioner for more than two consecutive terms. A vacancy on the state ethics commission shall be filled by appointment by the original appointing authority for the remainder of the unexpired term.

          E. No action shall be taken by the state ethics commission unless at least five commissioners concur.

          F. The state ethics commission shall receive an annual appropriation sufficient to enable it to perform its duties.

          G. The state ethics commission:

                (1) may initiate, and shall receive and investigate, and may adjudicate complaints alleging violations of standards of ethical conduct and other standards of conduct and reporting requirements as provided by law for state officers or employees of the executive or legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and other such jurisdiction as provided by law;

                (2) may dismiss complaints regarded as frivolous or outside of the jurisdiction of the commission. The commission shall make public complaints that have been dismissed without a hearing and the reason for the dismissal;

                (3) shall:

                     (a) upon the presentation of clear and convincing evidence to the commission in a public hearing, impose such penalties and sanctions as provided by law; and

                     (b) refer to the appropriate prosecutorial authority complaints alleging conduct that may be criminal violations of the law;

                (4) may issue advisory opinions;

                (5) may issue subpoenas requiring the attendance of witnesses or the production of books, records, documents or other evidence relevant to an investigation; and

                (6) may have such other powers and duties and administer or enforce such other acts as provided by law.

          H. The state ethics commission shall have jurisdiction over civil violations of law that are within its jurisdiction as provided by law.

          I. The state ethics commission shall only accept verified complaints. The commission shall maintain as confidential the complaint and the response to the complaint until such time as the response to the complaint is filed or the date the response to the complaint is due to be filed, whichever is earlier.

          J. Adjudication or investigation by the commission shall not bar investigation or adjudication by the legislature pursuant to Article 4, Section 11 or 35 of the constitution of New Mexico. The commission may recommend a matter to the legislature for consideration for impeachment proceedings.

          K. The provisions of this amendment take effect on July 1, 2019."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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