FIFTY-FIFTH LEGISLATURE

FIRST SESSION

March 1, 2021

SENATE FLOOR AMENDMENT number ___1__ to SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 75

Amendment sponsored by Senator Daniel A. Ivey-Soto

    1. On page 1, line 18, strike "This" and insert in lieu thereof "Sections 1 through 4 of this".

    2. On page 3, between lines 22 and 23, insert the following new section:

    "SECTION 5. Section 10-16G-9 NMSA 1978 (being Laws 2019, Chapter 86, Section 9) is amended to read:

    "10-16G-9. COMMISSION JURISDICTION--COMPLIANCE PROVISIONS.--

         A. The commission has jurisdiction to enforce the applicable civil compliance provisions for public officials, public employees, candidates, persons subject to the Campaign Reporting Act, government contractors, lobbyists and lobbyists' employers of:

             (1) the Campaign Reporting Act;

             (2) the Financial Disclosure Act;

             (3) the Gift Act;

             (4) the Lobbyist Regulation Act;

             (5) the Voter Action Act;

             (6) the Governmental Conduct Act;

             (7) the Procurement Code;

             (8) the Nondisclosure of Sensitive Personal Information Act;

             [(8)] (9) the State Ethics Commission Act; and

             [(9)] (10) Article 9, Section 14 of the constitution of New Mexico.

         B. All complaints filed with a public agency regarding the statutes listed in Subsection A of this section shall be forwarded to the commission.

         C. The commission may choose to act on some or all aspects of a complaint and forward other aspects of a complaint to another state or federal agency with jurisdiction over the matter in accordance with Subsection E of this section.

         D. If the commission decides not to act on a complaint, whether the complaint was filed with the commission or forwarded from another public agency, or decides only to act on part of a complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that has appropriate jurisdiction within ten days of the decision. The complainant and respondent shall be notified in writing when the complainant's request has been forwarded to another agency unless otherwise provided pursuant to Subsection H of Section [10 of the State Ethics Commission Act] 10-16G-10 NMSA 1978.

         E. The commission may share jurisdiction with other public agencies having authority to act on a complaint or any aspect of a complaint. Such shared jurisdiction shall be formalized through an agreement entered into by all participating agencies involved with the complaint and the director. The commission may also investigate a complaint referred to the commission by the legislature, or a legislative committee, in accordance with an agreement entered into pursuant to policies of the New Mexico legislative council or rules of the house of representatives or senate.

         F. The commission may file a court action to enforce the civil compliance provisions of an act listed in Subsection A of this section. The court action shall be filed in the district court in the county where the respondent resides."".

    3. Renumber the succeeding section accordingly.

                                    _______________________________

Adopted ___________________ Not Adopted ________________________

          (Chief Clerk)                (Chief Clerk)

                  Date _________________