HOUSE BILL 96

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Matthew McQueen

AN ACT

RELATING TO PUBLIC OFFICIALS; MAKING A PUBLIC OFFICIAL INELIGIBLE TO RECEIVE A PENSION IF THE PUBLIC OFFICIAL IS CONVICTED OF OR HAS PLED GUILTY OR NOLO CONTENDERE TO A CORRUPTION OFFENSE.

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

     SECTION 1. A new section of the Public Employees Retirement Act is enacted to read:

     "[NEW MATERIAL] ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICIALS--DEFINITIONS.--

          A. In order to be eligible to receive a pension under the Public Employees Retirement Act for any time served as a public official, a public official shall not have been convicted of or have pled guilty or nolo contendere to a corruption offense after the official's first election to a public office.

          B. Any portion of a pension that, pursuant to a court order, is committed to satisfy community property interest or child support obligations pursuant to Section 10-11-136, 10-11-136.1, 10-12B-7, 10-12C-7 or 22-11-42 NMSA 1978, or in any other proceeding, shall not be affected under this section for the duration of the obligation.

          C. If, pursuant to this section, a public official is no longer eligible to receive a pension, any amounts contributed by the public official and credited to the person's account in the state retirement system shall be refunded to the person, pursuant to the satisfaction of any of the obligations in Subsection B of this section.

          D. Any pension subject to forfeiture under Subsection B of Section 10-12B-17 NMSA 1978 shall not be affected by the provisions of this section.

          E. As used in this section:

                (1) "corruption offense" means a felony conviction for one of the following offenses:

                     (a) fraud, as provided in Section 30-16-6 NMSA 1978;

                     (b) embezzlement, as provided in Section 30-16-8 NMSA 1978;

                     (c) extortion, as provided in Section 30-16-9 NMSA 1978;

                     (d) forgery, as provided in Section 30-16-10 NMSA 1978;

                     (e) paying or receiving public money for services not rendered, as provided in Section 30-23-2 NMSA 1978;

                     (f) making or permitting false public voucher, as provided in Section 30-23-3 NMSA 1978;

                     (g) unlawful interest in a public contract, as provided in Section 30-23-6 NMSA 1978;

                     (h) bribery of public officer or public employee, as provided in Section 30-24-1 NMSA 1978;

                     (i) demanding or receiving bribe by public officer or public employee, as provided in Section 30-24-2 NMSA 1978;

                     (j) bribery or intimidation of a witness, or retaliation against a witness, as provided in Section 30-24-3 NMSA 1978;

                     (k) acceptance of a bribe by a witness, as provided in Section 30-24-3.1 NMSA 1978;

                     (l) perjury, as provided in Section 30-25-1 NMSA 1978;

                     (m) tampering with public records, as provided in Section 30-26-1 NMSA 1978;

                     (n) soliciting or receiving a kickback, bribe or rebate, as provided in Section 30-41-1 NMSA 1978;

                     (o) offering or paying a kickback, bribe or rebate, as provided in Section 30-41-2 NMSA 1978;

                     (p) racketeering, as provided in the Racketeering Act;

                     (q) a computer crime, as provided in the Computer Crimes Act;

                     (r) money laundering, as provided in the Money Laundering Act;

                     (s) a conviction under the Gift Act; the Governmental Conduct Act; the Procurement Code; the Lobbyist Regulation Act; the Financial Disclosure Act; the Voter Action Act; or Chapter 1, Article 19 NMSA 1978, including the Campaign Reporting Act; and

                     (t) conspiracy to commit any of the offenses set forth in Subparagraphs (a) through (s) of this paragraph, as provided in Section 30-28-2 NMSA 1978;

                (2) "public office" means an office, election to which is covered by the Campaign Reporting Act; and

                (3) "public official" means a person elected to an office in an election covered by the Campaign Reporting Act or a person appointed to an office that is subject to an election covered by that act."

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