HOUSE BILL 141

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Nathan P. Cote

AN ACT

RELATING TO TRANSPARENCY IN GOVERNMENT; REQUIRING THE COMMISSIONER OF PUBLIC LANDS TO MAINTAIN A WEB SITE WITH CERTAIN FINANCIAL INFORMATION.

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

     Section 1. A new section of Chapter 19 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TRANSPARENCY IN GOVERNMENT--STATE LAND OFFICE INFORMATION.--

          A. The commissioner of public lands shall develop, operate and maintain a single web site that is free, user-friendly, searchable and accessible to the public to host financial information relating to state lands for the purpose of governmental transparency and accountability to state land office lessees and other interested persons.

          B. No later than October 1, 2010, the commissioner shall create the architecture and the information exchange process for the collection and electronic publication of the

state land office's financial information.

          C. No later than July 1, 2011, the web site shall be available for public access and include updated information as required by Subsection D of this section.

          D. The web site shall provide, at a minimum, access to the following information:

                (1) the annual operating budget for the state land office, with monthly expenditures by category;

                (2) information about contracts entered into by the commissioner for purchases of personal property or personal services that have a total value of more than twenty thousand dollars ($20,000), including the contractor's name, the purpose of the contract, the date of the contract and its term;

                (3) the revenue that the state land office received by month, and by source, such as the type of lease or contract and whether the revenue was for a bonus, royalty or other payment, except that oil and gas royalties or other payments not paid directly to the commissioner need not be reported;

                (4) information concerning state land office employees who are exempt from the Personnel Act, including their names, titles, job descriptions and salaries;

                (5) information concerning each upcoming monthly oil and gas lease sale, including a description of the tracts to be offered and the minimum bid for each tract;

                (6) the results of each monthly oil and gas lease sale held during the most recent twelve months, including a description of each tract, the winning bid and the name and address of the winning bidder;

                (7) information concerning leases, sales or other agreements that, in the next sixty days, will be awarded or entered into with the person who submits the highest and best bid or proposal. The information shall include a description of the proposed transaction, the requirements for submitting a bid or proposal and where an interested person may obtain additional information;

                (8) information relating to each lease, other than oil and gas leases, entered into during each month, including the type of lease, the name of the lessee, a description of the leased acreage and the amount of bonus or other money paid to the state for the right to enter into the lease;

                (9) a copy of each lease or other agreement entered into for the commercial use of state land;

                (10) a copy of each agreement or proposed agreement under which state land has been or may be exchanged for land owned by other persons; and

                (11) additional information, as deemed relevant by the commissioner, that will assist the public in understanding state land office operations and its revenues and expenditures.

          E. The commissioner shall update the web site as new information is received but, at least monthly, include information from the previous month or year, where relevant, for comparison purposes and shall maintain the web site as the primary source of public information about the activity of the state land office.

          F. Nothing in this section shall require disclosure of information that is confidential by state or federal law."

- 4 -