HOUSE BILL 163

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Nate Gentry and Dede Feldman

AN ACT

RELATING TO ETHICS; SEPARATING THE DEFINITION OF "EMPLOYEE" FROM THAT OF "PUBLIC OFFICER"; LIMITING LOBBYING BY FORMER PUBLIC OFFICERS.

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. "contract" means an agreement or transaction having a value of more than one thousand dollars ($1,000) with a state or local government agency for:

                (1) the rendition of services, including professional services;

                (2) the furnishing of any material, supplies or equipment;

                (3) the construction, alteration or repair of any public building or public work;

                (4) the acquisition, sale or lease of any land or building;

                (5) a licensing arrangement;

                (6) a loan or loan guarantee; or

                (7) the purchase of financial securities or instruments;

          D. "employee" means any person who is hired by any state agency and who receives compensation in the form of salary or is eligible for per diem or mileage;

          [D.] E. "employment" means rendering of services for compensation in the form of salary as an employee;

          [E.] F. "family" means an individual's spouse, parents, children or siblings, by consanguinity or affinity;

          [F.] G. "financial interest" means an interest held by an individual or the individual's family that is:

                (1) an ownership interest in business or property; or

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

          [G.] H. "local government agency" means a political subdivision of the state or an agency of a political subdivision of the state;

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

          [I.] J. "public officer [or employee]" means any elected or appointed official [or employee] of a state agency or local government agency who receives compensation in the form of salary or is eligible for per diem or mileage but excludes legislators;

          [J.] K. "standards" means the conduct required by the Governmental Conduct Act;

          [K.] L. "state agency" means any branch, agency, instrumentality or institution of the state; and

          [L.] M. "substantial interest" means an ownership interest that is greater than twenty percent."

     SECTION 2. Section 10-16-8 NMSA 1978 (being Laws 1967, Chapter 306, Section 8, as amended) is amended to read:

     "10-16-8. CONTRACTS INVOLVING FORMER PUBLIC OFFICERS OR EMPLOYEES--REPRESENTATION OF CLIENTS AFTER GOVERNMENT SERVICE.--

          A. A state agency shall not enter into a contract with, or take any action favorably affecting, any person or business that is:

                (1) represented personally in the matter by a person who has been a public officer or employee of the state within the preceding year if the value of the contract or action is in excess of one thousand dollars ($1,000) and the contract is a direct result of an official act by the public officer or employee; or

                (2) assisted in the transaction by a former public officer or employee of the state whose official act, while in state employment, directly resulted in the agency's making that contract or taking that action.

          B. A former public officer or employee shall not represent a person in the person's dealings with the government on a matter in which the former public officer or employee participated personally and substantially while a public officer or employee.

          C. A local government agency shall not enter into a contract with, or take any action favorably affecting, any person or business that is:

                (1) represented personally in the matter by a person who has been a public officer or employee of that local government agency within the preceding year if the value of the contract or action is in excess of one thousand dollars ($1,000) and the contract is a direct result of an official act by the public officer or employee; or

                (2) assisted in the transaction by a former public officer or employee of that political subdivision of the state whose official act, while in employment with that political subdivision of the state, directly resulted in the agency's making that contract or taking that action.              D. For a period of one year after leaving government service or employment, a former public officer or employee shall not represent for pay a person before the state agency or local government agency at which the former public officer or employee served or worked.

          E. For a period of two years after leaving government service or employment, a former public officer or a legislator shall not act as a lobbyist, as defined in the Lobbyist Regulation Act."

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