HOUSE BILL 311

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Elizabeth "Liz" Thomson

 

 

 

 

 

AN ACT

RELATING TO SEXUAL HARASSMENT IN THE WORKPLACE; REQUIRING TRAINING FOR STATE EMPLOYEES TO PREVENT AND REPORT SEXUAL HARASSMENT IN THE WORKPLACE; REQUIRING REPORTING OF THAT TRAINING; REQUIRING THAT BUSINESSES THAT CONTRACT WITH STATE AGENCIES CERTIFY THAT THEIR EMPLOYEES HAVE UNDERGONE TRAINING TO PREVENT AND REPORT SEXUAL HARASSMENT IN THE WORKPLACE.

 

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

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

     "[NEW MATERIAL] TRAINING TO PREVENT AND REPORT SEXUAL HARASSMENT IN THE WORKPLACE--REPORTING ON TRAINING.--

          A. Each general code of conduct adopted pursuant to Section 10-16-11 NMSA 1978 shall provide, and each judicial agency shall require, that full- and part-time employees governed by the code or employed by the agency, as appropriate, annually receive four or more hours of employer-provided training, by one or more trainers qualified to conduct the training, to prevent and report sexual harassment in the workplace that consists of education on:

                (1) the behaviors that constitute sexual harassment in the workplace;

                (2) reporting sexual harassment in the workplace; and

                (3) the appropriate responses of bystanders who witness sexual harassment in the workplace.

          B. Each entity that adopts a general code of conduct pursuant to Section 10-16-11 NMSA 1978 and each judicial agency shall report annually on its employees' training to prevent and report sexual harassment in the workplace to:

                (1) if an executive agency, the general services department;

                (2) if a legislative agency, the New Mexico legislative council; and

                (3) if a judicial agency, the administrative office of the courts."

     SECTION 2. A new section of the Procurement Code is enacted to read:

     "[NEW MATERIAL] CONTRACTOR EMPLOYEE TRAINING TO PREVENT AND REPORT SEXUAL HARASSMENT IN THE WORKPLACE.--A state agency that enters into a contract with a business with ten or more full-time employees shall require the business to certify that, within one year before the contract is entered into, each of its full-time employees has undergone four or more hours of training, by one or more trainers qualified to conduct the training, to prevent and report sexual harassment in the workplace."

     SECTION 3. 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 and are open to public inspection.

          D. The general codes of conduct adopted pursuant to Subsection A of this section shall contain provisions for training to prevent and report sexual harassment in the workplace as provided in Section 1 of this 2018 act.

          [D.] E. 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.] F. All legislators shall attend a minimum of two hours of ethics continuing education and training biennially."

     SECTION 4. Section 10-16D-3 NMSA 1978 (being Laws 2010, Chapter 34, Section 3, as amended) is amended to read:

     "10-16D-3. SUNSHINE PORTAL--DEPARTMENT DUTIES.--

          A. The department, with the department of finance and administration, shall develop, operate and maintain a single internet [web site] website that is free, user-friendly, searchable and accessible to the public, known as the "sunshine portal", to host the state's financial information for the purpose of governmental transparency and accountability to taxpayers.

          B. [No later than October 1, 2010] The department shall create the architecture and the information exchange process for the collection and electronic publication of the state's financial information.

          C. [No later than July 1, 2011] The sunshine portal shall be available for public access and include updated information as required by Subsection D of this section.

          D. The sunshine portal shall provide, at a minimum, access to the following information:

                (1) the state's cash balances by account or fund;

                (2) a monthly summary of the state's investment accounts;

                (3) annual operating budgets for each state agency with monthly expenditures by category;

                (4) contracts that a state agency enters into for the lease, sale or development of state land and state contracts that have a total contract price of more than twenty thousand dollars ($20,000), naming the recipient of the contract, the purpose of the contract and the amounts expended [No later than January 1, 2017, the information provided shall also include] and:

                     (a) the name of the recipient of the contract;

                     (b) the purpose of the contract;

                     (c) the amounts expended on the contract;

                     (d) a copy of or an internet [web site] website link to a copy of the contract document, including amendments; and

                     (e) a copy of or an internet [web site] website link to a copy of a resident certificate issued pursuant to Section 13-1-22 NMSA 1978 and used in the award of a contract;

                (5) the revenue that the state received in the preceding month by source, such as type of tax, fee, fine, administrative fee or other collection category;

                (6) special appropriations received outside the general appropriation act by each state agency and the purpose of those appropriations;

                (7) approved budget adjustment requests by state agency and affected budget category;

                (8) quarterly consensus revenue estimates;

                (9) reversions and cash balances by state agency and fund;

                (10) appropriations for capital projects, identified by project location, type of project and funding source;

                (11) a directory of all employee positions, other than exempt employee positions, identified only by state agency, position title and salary;

                (12) a directory of all exempt employee positions, identified by state agency, position title, salary and the name of the individual that holds the position;

                (13) information relating to local education providers compiled and published by the public education department pursuant to Section 10-16D-6 NMSA 1978;

                (14) a link to an open meeting tracker [web site] website upon which each state agency shall post open meetings scheduled for the current month and the next month, including the time and place of the meeting, the subject of the meeting and an agenda;

                (15) a link to the [web site] website maintained by the regulation and licensing department for the purpose of accessing information relating to occupational licenses;

                (16) a link to the state auditor's [web site] website for the purpose of accessing financial audits;

                (17) a link to New Mexico's statutes;

                (18) a link to the New Mexico Administrative Code;

                (19) a link to the secretary of state's [web sites] websites for lobbyist regulation;

                (20) an annual summary within three months after the end of the fiscal year, or as soon thereafter as the information becomes available, of the state's fiscal health, including the state budget, revenues and expenditures for the previous fiscal year and projected revenues and operating budgets for the current fiscal year; [and]

                (21) information on state employee participation in training to prevent and report sexual harassment in the workplace that is compiled in accordance with Subsection B of Section 1 of this 2018 act; and

                [(21)] (22) additional information, as required by rule of the department of finance and administration, that will assist the public in understanding state government operations and the use of taxpayer dollars.

          E. State agencies shall provide updated financial information as frequently as possible but at least monthly.

          F. The department shall update the [web site] website as new information is received but at least monthly, include information from the previous month or year, where relevant, for comparison purposes and maintain the [web site] website as the primary source of public information about the activity of the state government." 

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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