SENATE BILL 1051

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO ETHICS; AMENDING THE GOVERNMENTAL CONDUCT ACT TO INCLUDE ALL ELECTED AND APPOINTED OFFICIALS AND PUBLIC EMPLOYEES OF THE STATE, INSTRUMENTALITIES OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE.

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

     Section 1. Section 10-16-2 NMSA 1978 (being Laws 1967, Chapter 306, Section 2, as amended) is amended to read:

     "10-16-2. DEFINITIONS.--As used in the Governmental Conduct Act:

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

          B. "confidential information" means information that by law or practice is not available to the public;

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

          D. "financial interest" means an interest held by an individual [his] or the individual's spouse or dependent minor children that is:

                (1) an ownership interest in business; or

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

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

          F. "person" means an individual or entity;

          G. "public officer or employee" means any [person who has been elected to, appointed to or hired for any state office and who receives compensation in the form of salary or is eligible for per diem or mileage, but excludes legislators and judges] elected or appointed official or employee of any department, agency, board, institution, branch or instrumentality of the state or of a political subdivision of the state;

          H. "standards" means the conduct required by the Governmental Conduct Act; and

          I. "substantial interest" means an ownership interest that is greater than twenty percent."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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