0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 711 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| INTRODUCED BY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO CAMPAIGN PRACTICES; AUTHORIZING THE INTERIM | 0013| LEGISLATIVE ETHICS COMMITTEE TO INVESTIGATE COMPLAINTS OF FALSE | 0014| STATEMENTS MADE BY CANDIDATES ABOUT THEIR OPPONENTS DURING | 0015| CAMPAIGN FOR LEGISLATIVE OFFICE. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 2-15-8 NMSA 1978 (being Laws 1993, | 0019| Chapter 46, Section 53) is amended to read: | 0020| "2-15-8. INTERIM LEGISLATIVE ETHICS COMMITTEE--DUTIES.-- | 0021| The interim legislative ethics committee is authorized to: | 0022| A. issue advisory opinions on the interpretation | 0023| and enforcement of ethical principles as applied to the | 0024| legislature; | 0025| B. investigate complaints from another member of | 0001| the legislature or a member of the public alleging misconduct | 0002| of a legislator; | 0003| C. investigate complaints from a member of the | 0004| legislature or a member of the public alleging that a duly | 0005| qualified candidate for a state legislative office knowingly | 0006| made a false statement, whether verbally, in print, in a radio | 0007| or television broadcast or by any other means, about a duly | 0008| qualified opponent during a campaign for any legislative | 0009| office; | 0010| [C.] D. investigate referrals made to the co- | 0011| chairmen of the New Mexico legislative council from the | 0012| attorney general, the secretary of state or a district | 0013| attorney; | 0014| [D.] E. hire special counsel or independent hearing | 0015| officers as necessary; and | 0016| [E.] F. make recommendations to the respective | 0017| houses by the end of the first full week of the next convened | 0018| regular session regarding proposed sanctions for ethical | 0019| misconduct of legislators and candidates for the legislature." | 0020| Section 2. Section 2-15-9 NMSA 1978 (being Laws 1993, | 0021| Chapter 46, Section 54) is amended to read: | 0022| "2-15-9. INTERIM LEGISLATIVE ETHICS COMMITTEE-- | 0023| PROCEDURES--CONFIDENTIALITY.-- | 0024| A. Except as provided in this section, the | 0025| New Mexico legislative council shall develop procedures to | 0001| carry out the provisions of this section, in accordance with | 0002| the existing procedures in the house and senate rules. | 0003| B. A member of the interim legislative ethics | 0004| committee [shall be] is ineligible to participate in any matter | 0005| relating directly to that member's conduct or to a campaign for a | 0006| legislative office in which that member is participating. In any | 0007| such case, a substitute member to the committee shall be appointed | 0008| from the same house from the same political party by the | 0009| appropriate appointing authority. A member may seek to be | 0010| disqualified from any matter brought before the interim | 0011| legislative ethics committee on the grounds that the member cannot | 0012| render a fair and impartial decision. Disqualification must be | 0013| approved by a majority vote of the remaining members of the | 0014| committee. In any such case, a substitute member to the committee | 0015| shall be appointed from the same political party as provided in | 0016| this section. | 0017| C. The interim legislative ethics committee is | 0018| authorized to issue advisory opinions on matters relating to | 0019| ethical conduct during the interim. Any question relating to the | 0020| interpretation and enforcement of ethical principles as applied to | 0021| the legislature may be submitted in writing to the New Mexico | 0022| legislative council by a legislator describing a real or | 0023| hypothetical situation and requesting an advisory opinion | 0024| establishing an appropriate standard of ethical conduct for that | 0025| situation. The question shall be referred to the [joint] interim | 0001| legislative ethics committee. | 0002| D. The interim legislative ethics committee is | 0003| authorized to investigate complaints from members of the | 0004| legislature or members of the public alleging that a legislator or | 0005| a duly qualified candidate for a state legislative office has made | 0006| one or more false statements about a duly qualified campaign | 0007| opponent. | 0008| [D.] E. To initiate any action during the interim on | 0009| alleged misconduct, any legislator or member of the public may | 0010| file a written, sworn complaint setting forth, with specificity, | 0011| the facts alleged to constitute unethical conduct. A complaint | 0012| shall be filed with the New Mexico legislative council. Upon | 0013| receipt of the complaint, the co-chairmen of the New Mexico | 0014| legislative council shall convene the interim legislative ethics | 0015| committee. | 0016| [E.] F. The interim legislative ethics committee shall | 0017| maintain rules of confidentiality unless the legislator against | 0018| whom a complaint is filed waives the rules or any part of them in | 0019| writing. The confidentiality rules shall include the following | 0020| provisions: | 0021| (1) the complainant, the committee and its staff | 0022| shall not publicly disclose any information relating to the filing | 0023| or investigation of a complaint, including the identity of the | 0024| complainant or respondent, until after a finding of probable cause | 0025| has been made that a violation has occurred; | 0001| (2) the identity of the complainant shall be | 0002| released to the respondent immediately upon request; and | 0003| (3) no member of the committee or its staff may | 0004| knowingly disclose any confidential information except as | 0005| authorized by the committee. | 0006| G. If the interim legislative ethics committee finds | 0007| that a legislator or duly qualified candidate has made a false | 0008| statement about a duly qualified campaign opponent, the committee | 0009| shall issue a written report of its finding and shall forward a | 0010| copy of the written report to the complainant. A separate copy of | 0011| the written report shall be made available for public inspection | 0012| in the office of the legislative council service." | 0013|  |