0001| SENATE BILL 541 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| L. SKIP VERNON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ETHICS; AMENDING SECTIONS OF THE NMSA 1978 TO ALLOW | 0012| THE INTERIM LEGISLATIVE ETHICS COMMITTEE TO INVESTIGATE | 0013| COMPLAINTS OF FALSE STATEMENTS MADE BY CANDIDATES ABOUT THEIR | 0014| OPPONENTS DURING CAMPAIGNS FOR LEGISLATIVE OFFICE. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 2-15-8 NMSA 1978 (being Laws 1993, | 0018| Chapter 46, Section 53) is amended to read: | 0019| "2-15-8. INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.-- | 0020| The interim legislative ethics committee is authorized to: | 0021| A. issue advisory opinions on the interpretation | 0022| and enforcement of ethical principles as applied to the | 0023| legislature; | 0024| B. investigate complaints from another member of | 0025| the legislature or a member of the public alleging misconduct | 0001| of a legislator; | 0002| C. investigate complaints from a member of the | 0003| legislature or a member of the public alleging that a duly | 0004| qualified candidate for a state legislative office knowingly | 0005| made a false statement, whether verbally, in print, in a radio | 0006| or television broadcast or by any other means, about a duly | 0007| qualified opponent during a campaign for any legislative | 0008| office; | 0009| ~~[C.]~~ D. investigate referrals made to the co- | 0010| chairmen of the New Mexico legislative council from the | 0011| attorney general, the secretary of state or a district | 0012| attorney; | 0013| ~~[D.]~~ E. hire special counsel or independent | 0014| hearing officers as necessary; and | 0015| ~~[E.]~~ F. make recommendations to the respective | 0016| houses by the end of the first full week of the next convened | 0017| regular session regarding proposed sanctions for ethical | 0018| misconduct of legislators and candidates for the | 0019| legislature." | 0020| Section 2. Section 2-15-9 NMSA 1978 (being Laws 1993, | 0021| Chapter 46, Section 54) is amended to read: | 0022| "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE-- | 0023| PROCEDURES--CONFIDENTIALITY.-- | 0024| A. Except as provided in this section, the | 0025| New Mexico legislative council shall develop procedures to | 0001| carry out the provisions of this section, in accordance with | 0002| the existing procedures in the house and senate rules. | 0003| B. A member of the interim legislative ethics | 0004| committee ~~[shall be]~~ is ineligible to participate in any | 0005| matter relating directly to that member's conduct or to a | 0006| campaign for a legislative office in which that member is | 0007| participating. In any such case, a substitute member to the | 0008| committee shall be appointed from the same house from the same | 0009| political party by the appropriate appointing authority. A | 0010| member may seek to be disqualified from any matter brought | 0011| before the interim legislative ethics committee on the | 0012| grounds that the member cannot render a fair and impartial | 0013| decision. Disqualification must be approved by a majority vote | 0014| of the remaining members of the committee. In any such case, a | 0015| substitute member to the committee shall be appointed from the | 0016| same political party as provided in this section. | 0017| C. The interim legislative ethics committee is | 0018| authorized to issue advisory opinions on matters relating to | 0019| ethical conduct during the interim. Any question relating to | 0020| the interpretation and enforcement of ethical principles as | 0021| applied to the legislature may be submitted in writing to the | 0022| New Mexico legislative council by a legislator describing a | 0023| real or hypothetical situation and requesting an advisory | 0024| opinion establishing an appropriate standard of ethical conduct | 0025| for that situation. The question shall be referred to the | 0001| ~~[joint]~~ interim legislative ethics committee. | 0002| D. The interim legislative ethics committee is | 0003| authorized to investigate complaints from members of the | 0004| legislature or members of the public alleging that a legislator | 0005| or a duly qualified candidate for a state legislative office | 0006| has made one or more false statements about a duly qualified | 0007| campaign opponent. | 0008| ~~[D.]~~ E. To initiate any action during the | 0009| interim on alleged misconduct, any legislator or member of the | 0010| public may file a written, sworn complaint setting forth, with | 0011| specificity, the facts alleged to constitute unethical conduct. | 0012| A complaint shall be filed with the New Mexico legislative | 0013| council. Upon receipt of the complaint, the co-chairmen of | 0014| the New Mexico legislative council shall convene the interim | 0015| legislative ethics committee. | 0016| ~~[E.]~~ F. The interim legislative ethics | 0017| committee shall maintain rules of confidentiality unless the | 0018| legislator against whom a complaint is filed waives the rules | 0019| or any part of them in writing. The confidentiality rules | 0020| shall include the following provisions: | 0021| (1) the complainant, the committee and its | 0022| staff shall not publicly disclose any information relating to | 0023| the filing or investigation of a complaint, including the | 0024| identity of the complainant or respondent, until after a | 0025| finding of probable cause has been made that a violation has | 0001| occurred; | 0002| (2) the identity of the complainant shall be | 0003| released to the respondent immediately upon request; and | 0004| (3) no member of the committee or its staff | 0005| may knowingly disclose any confidential information except as | 0006| authorized by the committee. | 0007| G. If the interim legislative ethics committee | 0008| finds that a legislator or duly qualified candidate has made a | 0009| false statement about a duly qualified campaign opponent, the | 0010| committee shall issue a written report of its finding and shall | 0011| forward a copy of the written report to the complainant. A | 0012| separate copy of the written report shall be made available for | 0013| public inspection in the office of the legislative council | 0014| service." | 0015| |