SENATE BILL 42

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

INTRODUCED BY

Sander Rue and Nora Espinoza

AN ACT

RELATING TO STATE GOVERNMENT; ENACTING THE TRANSPARENCY IN GOVERNMENT ACT; PROVIDING FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF AN INTERNET WEB SITE THAT PROVIDES PUBLIC ACCESS TO STATE GOVERNMENT BUDGETS, EXPENDITURES AND OTHER FINANCIAL INFORMATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Transparency in Government Act".

     Section 2. DEFINITIONS.--As used in the Transparency in Government Act:

          A. "department" means the department of information technology;

          B. "expenditure" means a disbursement of state or federal funds by a state agency, whether or not the funds have been appropriated by the legislature; provided that "expenditure" does not include a transfer from one state agency to another state agency;

          C. "federal funds" means money received by a state agency from the federal government or one of its branches, departments, agencies, offices, officers or instrumentalities;

          D. "revenue" means money received by a state agency and deposited into the general fund or another state fund. "Revenue" includes money from taxes, fines, royalties, federal funds and other sources but does not include money:

                (1) received by a state agency as a result of a transfer from another state agency; or

                (2) deposited into a state suspense fund; and

          E. "state agency" means the New Mexico state government or any department, institution, board, bureau, commission or committee of state government and includes any office or officer of any of the above.

     Section 3. ADDITIONAL DEPARTMENT DUTIES--DEVELOPMENT, OPERATION AND MAINTENANCE OF INTERNET WEB SITE--CONTENTS.--

          A. The department shall develop, operate and maintain an internet web site that is free, user-friendly, searchable and accessible to the public so that taxpayers and other interested parties may view, understand and track the source and use of taxpayer dollars.

          B. No later than January 1, 2011, the web site shall be available for public access. The department shall update the web site each state business day and maintain the web site as the primary source of information about the activity of New Mexico's state government.

          C. The web site shall provide access to the following information:

                (1) monthly expenditure reports that detail expenditures from each fund in the state treasury for the preceding month and that identify each expenditure by:

                     (a) category;

                     (b) state agency;

                     (c) source of funding; and

                     (d) recipient;

                (2) contracts that a state agency enters into that have a total value of twenty thousand dollars ($20,000) or more;

                (3) monthly revenue reports that detail:

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

                     (b) each fund, account or subaccount in the state treasury in which the money was deposited; and

                     (c) disbursements in the preceding month to local governments, government instrumentalities, the general fund and other state funds from revenue collections;

                (4) a list of current state employees and their salaries;

                (5) operating budgets for each state agency;

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

                (7) monthly budget adjustment requests, pending and approved, by state agency and affected line-item and budget category;

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

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

                (10) the monthly department of finance and administration capital outlay monitoring report, including the amounts paid and remaining from severance tax bond proceeds, general obligation bond proceeds, the general fund and other state funds;

                (11) state board of finance loans to other agencies or political subdivisions and the purpose of those loans; and

                (12) any additional information, as required by rule of the department, that will assist the public in understanding state government revenues and expenditures.

          D. The web site shall also:

                (1) allow users to search by fiscal year, expenditure category, revenue source, state agency, payee, date, amount and contractor; and

                (2) provide links to other web sites with information relating to state government operations, including but not limited to:

                     (a) state agency financial audits and program evaluations;

                     (b) lists of delinquent taxpayers;

                     (c) lists of individuals who have failed to make required child support payments; and

                     (d) lists of persons who have had a license or permit revoked or suspended by a state agency.

     Section 4. DEPARTMENT TO PROMULGATE RULES--COMPLIANCE REQUIRED.--

          A. Pursuant to the State Rules Act, the department shall promulgate such rules as are necessary to carry out the provisions of the Transparency in Government Act.

          B. All state agencies shall comply with the provisions of the Transparency in Government Act and rules promulgated by the department pursuant to that act.

     Section 5. PROTECTION OF CONFIDENTIAL INFORMATION.--Nothing in the Transparency in Government Act shall require disclosure of information that is confidential by state or federal law.

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