0001| SENATE BILL 229
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JOSEPH A. FIDEL
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0005|
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0006|
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0007| FOR THE GOVERNMENTAL ETHICS OVERSIGHT COMMITTEE
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO GOVERNMENTAL ETHICS; AMENDING, ENACTING AND
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0012| RECOMPILING SECTIONS OF THE NMSA 1978.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. A new section of the Campaign Reporting Act is
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0016| enacted to read:
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0017| "[NEW MATERIAL] RULES AND REGULATIONS.--The secretary
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0018| of state may adopt and promulgate rules and regulations to
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0019| implement the provisions of the Campaign Reporting Act."
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0020| Section 2. Section 1-19-29 NMSA 1978 (being Laws 1993,
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0021| Chapter 46, Section 5, as amended) is amended to read:
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0022| "1-19-29. TIME AND PLACE OF FILING REPORTS.--
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0023| A. Annually, all reporting individuals shall file
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0024| with the proper filing officer by 5:00 p.m. on the second
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0025| Monday in May a report of all expenditures made and
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0001| contributions received on or before the first Monday in May and
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0002| not previously reported. The report shall be filed annually
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0003| until the reporting individual's bank account has been closed
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0004| and the other provisions specified in Subsection E of this
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0005| section have been satisfied.
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0006| B. In an election year, in addition to the May
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0007| report provided for in Subsection A of this section, all
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0008| reporting individuals, except for persons who file a statement
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0009| of exception pursuant to Section 1-19-33 NMSA 1978 and except
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0010| for public officials who are not candidates in an election that
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0011| year, shall file reports of all expenditures made and
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0012| contributions received according to the following schedule:
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0013| (1) by 5:00 p.m. on the second Monday in
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0014| October, a report of all expenditures made and contributions
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0015| received on or before the first Monday in October and not
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0016| previously reported;
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0017| (2) by [12:00 noon] 5:00 p.m. on the
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0018| [Friday] Thursday before a primary, general or statewide
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0019| special election, a report of all expenditures made and
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0020| contributions received by 5:00 p.m. on the Tuesday before the
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0021| election. Any contribution or pledge to contribute that is
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0022| received after 5:00 p.m. on the Tuesday before the election and
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0023| that is for five hundred dollars ($500) or more in a
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0024| legislative or nonstatewide judicial election, or two
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0025| thousand five hundred dollars ($2,500) or more in a statewide
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0001| election, shall be reported to the proper filing officer
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0002| either in a supplemental report on a prescribed form within
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0003| twenty-four hours of receipt or in the report to be filed by
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0004| 5:00 p.m. on the Thursday before a primary, general or
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0005| statewide special election, except that any such contribution
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0006| or pledge to contribute that is received after 5:00 p.m. on the
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0007| Friday before the election may be reported by 12:00 noon on the
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0008| Monday before the election; and
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0009| (3) by 5:00 p.m. on the thirtieth day after a
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0010| primary, general or statewide special election, a report of all
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0011| expenditures made and contributions received on or before the
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0012| twenty-fifth day after the election and not previously
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0013| reported.
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0014| C. Notwithstanding the other provisions of this
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0015| section, the report due on the thirtieth day after an election
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0016| need be the only report filed after the annual May report if
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0017| the candidate is not opposed in the election and if the report
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0018| includes all expenditures made and contributions received for
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0019| that election and not previously reported.
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0020| D. A report of expenditures and contributions filed
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0021| after a deadline set forth in this section shall not be deemed
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0022| to have been timely filed.
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0023| E. Each reporting individual shall file a report of
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0024| expenditures and contributions annually pursuant to the filing
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0025| schedule set forth in this section, regardless of whether any
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0001| expenditures were made or contributions were received during
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0002| the reporting period. Reports shall be required until the
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0003| reporting individual delivers a report to the proper filing
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0004| officer stating that:
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0005| (1) there are no outstanding campaign debts;
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0006| (2) all money has been expended in accordance
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0007| with the provisions of Section 1-19-29.1 NMSA 1978; and
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0008| (3) the bank account has been closed.
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0009| F. Each treasurer of a political committee shall
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0010| file a report of expenditures and contributions annually
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0011| pursuant to the filing schedule set forth in this section until
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0012| the treasurer files a report that affirms that the committee
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0013| has dissolved or no longer exists and that its bank account has
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0014| been closed.
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0015| G. A reporting individual who is a candidate within
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0016| the meaning of the Campaign Reporting Act because of the amount
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0017| of contributions he receives or expenditures he makes and who
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0018| does not ultimately file a declaration of candidacy or a
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0019| nominating petition with the proper filing officer shall
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0020| nevertheless file a report, not later than the second Monday in
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0021| May for a primary election or the second Monday in October for
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0022| a general election, of all contributions received and
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0023| expenditures made on or before the first Monday in May for a
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0024| primary election or the first Monday in October for a general
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0025| election, and not previously reported."
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0001| Section 3. Section 1-19-34.4 NMSA 1978 (being Laws 1993,
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0002| Chapter 46, Section 15, as amended) is amended to read:
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0003| "1-19-34.4. EDUCATION AND VOLUNTARY COMPLIANCE.--
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0004| INVESTIGATIONS--BINDING ARBITRATION--REFERRALS FOR ENFORCEMENT.-
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0005| -
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0006| A. The secretary of state shall advise and seek to
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0007| educate all persons required to perform duties under the
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0008| Campaign Reporting Act of those duties. This includes advising
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0009| all known reporting individuals at least annually of [the
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Campaign Reporting] that act's deadlines for submitting
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0011| required reports and statements of exception. The secretary of
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0012| state, in consultation with the attorney general, shall issue
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0013| advisory opinions, when requested in writing to do so, on
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0014| matters concerning [the Campaign Reporting] that act. All
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0015| prescribed forms prepared shall be clear and easy to complete.
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0016| B. The secretary of state may initiate
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0017| investigations to determine whether any provision of the
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0018| Campaign Reporting Act has been violated. Additionally, any
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0019| person who believes that a provision of that act has been
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0020| violated may file a written complaint with the secretary of
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0021| state [anytime] any time prior to ninety days after an
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0022| election, except that no complaints from the public may be filed
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0023| within eight days prior to an election. The secretary of state
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0024| shall adopt procedures for issuing advisory opinions and
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0025| processing complaints and notifications of violations.
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0001| C. The secretary of state shall at all times seek to
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0002| ensure voluntary compliance with the provisions of the Campaign
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0003| Reporting Act. If the secretary of state determines that a
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0004| provision of that act for which a penalty may be imposed has
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0005| been violated, the secretary of state shall by written notice
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0006| set forth the violation and the fine imposed and inform the
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0007| reporting individual that he has ten working days from the date
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0008| of the letter to correct the matter and to provide a written
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0009| explanation, under penalty of perjury, stating any reason why
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0010| the violation occurred. If a timely explanation is filed and
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0011| the secretary of state determines that good cause exists to
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0012| waive the fine imposed, the secretary of state may by a written
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0013| notice of final action partially or fully waive any fine imposed
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0014| for any late, incomplete or false report or statement of
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0015| exception. A written notice of final action shall be sent by
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0016| certified mail.
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0017| D. Upon receipt of the notice of final action, the
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0018| person against whom the penalty has been imposed may protest the
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0019| secretary of state's determination, including an advisory
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0020| opinion, by submitting on a prescribed form a written request
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0021| for binding arbitration to the secretary of state within ten
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0022| working days of the date of the notice of final action. Any
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0023| fine imposed shall [not] be due and payable [until the
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arbitration decision is issued, and] within ten working days
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0025| of the date of notice of final action. No additional fine
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0001| shall accrue pending the issuance of the arbitration decision.
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0002| Fines paid pursuant to a notice of final action that are
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0003| subsequently reduced or dismissed shall be reimbursed with
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0004| interest within ten working days after the filing of the
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0005| arbitration decision with the secretary of state. Interest on
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0006| the reduced or dismissed portion of the fine shall be the same
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0007| as the rate of interest earned by the secretary of state's
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0008| escrow account.
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0009| E. An arbitration hearing shall be conducted by a
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0010| [panel of three persons. The person against whom the penalty
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has been imposed shall choose one panel member and submit that
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panel member's name with the request for arbitration] single
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0013| arbitrator selected by the person against whom the penalty has
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0014| been imposed from a list of five arbitrators provided by the
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0015| secretary of state. The secretary of state shall [choose one
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panel member and] provide notice of the selection within
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0017| fifteen days of receipt of the request for arbitration. [The
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two panel members shall then choose the third panel member. If
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no agreement is reached on a third panel member within thirty
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days of receipt of the request for arbitration, the presiding
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judge of the district court for the first judicial district
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shall appoint the third panel member within ten days
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thereafter.] Neither the secretary of state nor a person
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0024| subject to the Campaign Reporting Act, Lobbyist Regulation Act
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0025| or Financial Disclosure Act may serve as [a panel member. Panel
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members shall be paid per diem and mileage by the secretary of
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state in accordance with the provisions of the Per Diem and
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Mileage Act plus reimbursement for reasonable actual expenses.]
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0004| an arbitrator. Arbitrators selected by the secretary of state
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0005| shall be considered to be independent contractors, not public
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0006| officers or employees, and shall not be paid per diem and
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0007| mileage.
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0008| F. The [arbitration panel] arbitrator shall
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0009| conduct the hearing within [sixty] thirty days of the
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0010| request for arbitration. The [arbitration panel] arbitrator
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0011| may impose any penalty the secretary of state is authorized to
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0012| impose. The [panel] arbitrator shall state the reasons for
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0013| [its] his decision in a written document that shall be a
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0014| public record. The decision shall be final and binding. The
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0015| decision shall be issued and filed with the secretary of state
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0016| within [forty-five] thirty days of the conclusion of the
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0017| hearing. Unless otherwise provided for in this section or by
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0018| rule or regulation adopted by the secretary of state, the
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0019| procedures for the arbitration shall be governed by the Uniform
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0020| Arbitration Act [including the procedures set forth in Section
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44-7-7 NMSA 1978 authorizing the issuance of subpoenas]. No
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0022| [panel member] arbitrator shall be subject to liability for
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0023| actions taken pursuant to this section.
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0024| G. The secretary of state may refer a matter to the
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0025| attorney general or a district attorney for a civil injunctive
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0001| or other appropriate order or for criminal enforcement."
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0002| Section 4. Section 1-19-35 NMSA 1978 (being Laws 1979,
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0003| Chapter 360, Section 11, as amended) is amended to read:
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0004| "1-19-35. REPORTS AND STATEMENTS--LATE FILING PENALTY--
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0005| FAILURE TO FILE.--
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0006| A. Except for the report required to be filed and
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0007| delivered the [Friday] Thursday prior to the election and
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0008| any supplemental report, as required in Paragraph (2) of
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0009| Subsection B of Section 1-19-29 NMSA 1978, that is due prior to
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0010| the election, and subject to the provisions of Section 1-19-34.4
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0011| NMSA 1978, if a statement of exception or a report of
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0012| expenditures and contributions contains false or incomplete
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0013| information or is filed after any deadline imposed by the
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0014| Campaign Reporting Act, the responsible reporting individual or
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0015| political committee, in addition to any other penalties or
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0016| remedies prescribed by the Election Code, shall be liable for
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0017| and shall pay to the secretary of state fifty dollars ($50.00)
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0018| per day for each regular working day after the time required by
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0019| the Campaign Reporting Act for the filing of statements of
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0020| exception or reports of expenditures and contributions until the
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0021| complete or true statement or report is filed, up to a maximum
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0022| of five thousand dollars ($5,000).
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0023| B. If any reporting individual files a false,
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0024| incomplete or late report of expenditures and contributions due
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0025| on the [Friday] Thursday prior to the election, the
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0001| reporting individual or political committee shall be liable and
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0002| pay to the secretary of state five hundred dollars ($500) for
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0003| the first working day and fifty dollars ($50.00) for each
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0004| subsequent working day after the time required for the filing of
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0005| the report until the true and complete report is filed, up to a
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0006| maximum of five thousand dollars ($5,000).
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0007| C. If a reporting individual fails to file or files
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0008| a late supplemental report of expenditures and contributions as
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0009| required in Paragraph (2) of Subsection B of Section 1-19-29
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0010| NMSA 1978, the reporting individual or political committee shall
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0011| be liable for and pay to the secretary of state a penalty equal
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0012| to the amount of each contribution received or pledged after the
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0013| Tuesday before the election that was not timely filed.
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0014| D. All sums collected for the penalty shall be
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0015| deposited in the state general fund. A report or statement of
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0016| exception shall be deemed timely filed only if it is received by
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0017| the proper filing officer by the date and time prescribed by
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0018| law.
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0019| E. Any candidate who fails or refuses to file a
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0020| report of expenditures and contributions or statement of
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0021| exception or to pay a penalty imposed by the secretary of state
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0022| as required by the Campaign Reporting Act shall not, in addition
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0023| to any other penalties provided by law:
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0024| (1) have his name printed upon the ballot if
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0025| the violation occurs before and through the final date for the
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0001| withdrawal of candidates; or
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0002| (2) be issued a certificate of nomination or
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0003| election, if the violation occurs after the final date for
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0004| withdrawal of candidates or after the election, until the
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0005| candidate satisfies all reporting requirements of the Campaign
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0006| Reporting Act and pays all penalties owed.
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0007| F. Any candidate who loses an election and who
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0008| failed or refused to file a report of expenditures and
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0009| contributions or a statement of exception or to pay a penalty
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0010| imposed by the secretary of state as required by the Campaign
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0011| Reporting Act shall not be, in addition to any other penalties
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0012| provided by law, permitted to file a declaration of candidacy or
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0013| nominating petition for any future election until the candidate
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0014| satisfies all reporting requirements of the Campaign Reporting
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0015| Act and pays all penalties owed."
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0016| Section 5. Section 2-11-6 NMSA 1978 (being Laws 1977,
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0017| Chapter 261, Section 6, as amended) is amended to read:
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0018| "2-11-6. EXPENDITURE REPORT TO BE FILED--CONTENTS--
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0019| REPORTING PERIODS.--
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0020| A. Each lobbyist or lobbyist's employer who makes or
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0021| incurs expenditures or political contributions for the benefit
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0022| of a state legislator or candidate for the state legislature, a
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0023| state public officer or candidate for state public office, a
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0024| board or commission member or state employee who is involved in
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0025| an official action affecting the lobbyist's employer or in
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0001| support of or in opposition to a ballot issue or pending
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0002| legislation or official action shall file an expenditure report
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0003| with the secretary of state on a prescribed form or in an
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0004| electronic format approved by the secretary of state. The
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0005| expenditure report shall include a sworn statement that sets
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0006| forth:
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0007| (1) the cumulative total of the expenditures
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0008| made or incurred, separated into categories that identify the
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0009| total separate amounts spent on:
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0010| (a) meals and beverages;
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0011| (b) other entertainment expenditures;
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0012| (c) gifts; and
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0013| (d) other expenditures;
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0014| (2) each political contribution made,
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0015| identified by amount, date and name of the candidate or ballot
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0016| issue supported or opposed; and
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0017| (3) the names, addresses and occupations of
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0018| other contributors and the amounts of their separate political
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0019| contributions if the lobbyist or lobbyist's employer delivers
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0020| directly or indirectly separate contributions from those
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0021| contributors in excess of five hundred dollars ($500) in the
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0022| aggregate for each election to a candidate, a campaign committee
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0023| or anyone authorized by a candidate to receive funds on his
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0024| behalf.
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0025| B. If the expenditure report is filed
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0001| electronically, the report shall be subscribed and sworn to in
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0002| an independent affidavit that shall be delivered to the
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0003| secretary of state within forty-eight hours after the
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0004| expenditure report is electronically filed.
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0005| C. In identifying expenditures pursuant to the
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0006| provisions of Paragraph (1) of Subsection A of this section, any
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0007| individual expenditure that is more than the threshold level
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0008| established in the Internal Revenue Code of 1986, as amended,
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0009| that must be reported separately to claim a business expense
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0010| deduction, as published by the secretary of state, shall be
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0011| identified by amount, date, purpose, type of expenditure and
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0012| name of the person who received or was benefited by the
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0013| expenditure; provided, in the case of special events, including
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0014| parties, dinners, athletic events, entertainment and other
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0015| functions, to which all members of the legislature, to which all
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0016| members of either house or any legislative committee or to which
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0017| all members of a board or commission are invited, expenses need
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0018| not be allocated to each individual who attended, but the date,
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0019| location, name of the body invited and total expenses incurred
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0020| shall be reported.
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0021| D. The reports required pursuant to the provisions
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0022| of the Lobbyist Regulation Act shall be filed:
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0023| (1) by January 15 for all expenditures and
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0024| political contributions made or incurred during the preceding
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0025| year and not previously reported;
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0001| (2) within [ten days after a legislative
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session ends] forty-eight hours for each separate expenditure
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0003| made or incurred during [the] a legislative session that was
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0004| for five hundred dollars ($500) or more; and
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0005| (3) by May 1 for all expenditures and political
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0006| contributions made or incurred [since the January filing]
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0007| through April 25 of the current year and not previously
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0008| reported.
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0009| E. A lobbyist's personal living expenses and the
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0010| expenses incidental to establishing and maintaining an office in
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0011| connection with lobbying activities or compensation paid to a
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0012| lobbyist by a lobbyist's employer need not be reported.
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0013| F. A lobbyist or lobbyist's employer shall obtain
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0014| and preserve all records, accounts, bills, receipts, books,
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0015| papers and documents necessary to substantiate the financial
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0016| statements required to be made under the Lobbyist Regulation Act
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0017| for a period of two years from the date of filing of the report
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0018| containing such items. When the lobbyist is required under the
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0019| terms of his employment to turn over any such records to his
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0020| employer, responsibility for the preservation of them as
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0021| required by this section and the filing of reports required by
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0022| this section shall rest with the employer. Such records shall
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0023| be made available to the secretary of state or attorney general
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0024| upon written request.
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0025| G. Any lobbyist's employer who also engages in
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0001| lobbying shall comply with the provisions of the Lobbyist
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0002| Regulation Act.
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0003| H. An organization of two or more persons, including
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0004| an individual who holds himself out as an organization, that
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0005| within one calendar year expends funds in excess of two thousand
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0006| five hundred dollars ($2,500) not otherwise reported under the
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0007| Lobbyist Regulation Act to conduct an advertising campaign for
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0008| the purpose of lobbying shall register with the secretary of
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0009| state within forty-eight hours after expending two thousand five
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0010| hundred dollars ($2,500). Such registration shall indicate the
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0011| name of the organization and the names, addresses and
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0012| occupations of any of its principals, organizers or officers and
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0013| shall include the name of any lobbyist or lobbyist's employer
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0014| who is a member of the organization. Within fifteen days after
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0015| a legislative session, the organization shall report the
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0016| contributions, pledges to contribute, expenditures and
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0017| commitments to expend for the advertising campaign for the
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0018| purpose of lobbying, including the names, addresses and
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0019| occupations of the contributors, to the secretary of state on a
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0020| prescribed form."
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0021| Section 6. Section 10-16A-3 NMSA 1978 (being Laws 1993,
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0022| Chapter 46, Section 41, as amended) is amended to read:
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0023| "10-16A-3. REQUIRED DISCLOSURES FOR CERTAIN CANDIDATES AND
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0024| PUBLIC OFFICERS AND EMPLOYEES--CONDITION FOR PLACEMENT ON BALLOT
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0025| OR APPOINTMENT.--
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0001| A. At the time of filing a declaration of candidacy
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0002| or nominating petition, a candidate for legislative or statewide
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0003| office shall file with the proper filing officer, as defined in
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0004| Section 1-8-25 NMSA 1978, a financial disclosure statement on a
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0005| prescribed form. In addition, each year thereafter during the
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0006| month of January, a legislator and a person holding a statewide
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0007| office shall file with the proper filing officer a financial
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0008| disclosure statement. If the proper filing officer is not the
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0009| secretary of state, the proper filing officer shall forward a
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0010| copy of the financial disclosure statement to the secretary of
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0011| state within seventy-two hours.
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0012| B. A state agency head or official whose appointment
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0013| to a board or commission is subject to confirmation by the
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0014| senate shall file with the secretary of state a financial
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0015| disclosure statement within thirty days of appointment and
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0016| during the month of January every year thereafter that he holds
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0017| public office.
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0018| C. The financial disclosure statement shall include
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0019| for any person identified in Subsection A or B of this section
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0020| and the person's spouse the following information for the prior
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0021| calendar year:
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0022| (1) the full name, mailing address and
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0023| residence address of each person covered in the disclosure
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0024| statement, except the address of the spouse need not be
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0025| disclosed; the name and address of the person's and spouse's
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0001| employer and the title or position held; and a brief description
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0002| of the nature of the business or occupation;
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0003| (2) all sources of gross income of more than
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0004| five thousand dollars ($5,000) to each person covered in the
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0005| disclosure statement, identified by general category
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0006| descriptions that disclose the nature of the income source, in
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0007| the following broad categories: law practice or consulting
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0008| operation or similar business, finance and banking, farming and
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0009| ranching, medicine and health care, insurance (as a business and
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0010| not as payment on an insurance claim), oil and gas,
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0011| transportation, utilities, general stock market holdings, bonds,
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0012| government, education, manufacturing, real estate, consumer
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0013| goods sales with a general description of the consumer goods and
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0014| the category "other", with direction that the income source be
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0015| similarly described. In describing a law practice, consulting
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0016| operation or similar business of the person or spouse, the major
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0017| areas of specialization or income sources shall be described,
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0018| and if the spouse or a person in the reporting person's or
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0019| spouse's law firm, consulting operation or similar business is
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0020| or was during the reporting calendar year or the prior calendar
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0021| year a registered lobbyist under the Lobbyist Regulation Act,
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0022| the names and addresses of all clients represented for lobbying
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0023| purposes during those two years shall be disclosed;
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0024| (3) a general description of the type of real
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0025| estate owned in New Mexico, other than a personal residence, and
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0001| the county where it is located;
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0002| (4) all other New Mexico business interests not
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0003| otherwise listed of ten thousand dollars ($10,000) or more in a
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0004| New Mexico business or entity, including any position held and a
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0005| general statement of purpose of the business or entity;
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0006| (5) all memberships held by the reporting
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0007| individual and his spouse on boards of for-profit businesses in
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0008| New Mexico;
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0009| (6) all New Mexico professional licenses held;
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0010| (7) each state agency that was sold goods or
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0011| services in excess of five thousand dollars ($5,000) during the
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0012| prior calendar year by a person covered in the disclosure
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0013| statement;
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0014| (8) each state agency, other than a court,
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0015| before which a person covered in the disclosure statement
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0016| represented or assisted clients in the course of his employment
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0017| during the prior calendar year; and
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0018| (9) a general category that allows the person
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0019| filing the disclosure statement to provide whatever other
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0020| financial interest or additional information the person believes
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0021| should be noted to describe potential areas of interest that
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0022| should be disclosed.
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0023| D. A complete financial disclosure statement shall
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0024| be filed every year. [The secretary of state shall mail each
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person required to file a financial disclosure statement a copy
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of any statement the person filed the previous year.]
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0002| E. The financial disclosure statements filed
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0003| pursuant to this section are public records open to public
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0004| inspection during regular office hours and shall be retained by
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0005| the state for five years from the date of filing.
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0006| F. A person who files a financial disclosure
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0007| statement may file an amended statement at any time to reflect
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0008| significant changed circumstances that occurred since the last
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0009| statement was filed.
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0010| G. Any candidate for a legislative or statewide
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0011| office who fails or refuses to file a financial disclosure
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0012| statement required by this section before the final date for the
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0013| withdrawal of candidates provided for in the Election Code shall
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0014| not have his name printed on the election ballot.
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0015| H. For a state agency head or an official whose
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0016| appointment to a board or commission is subject to confirmation
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0017| by the senate, the filing of the financial disclosure statement
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0018| required by this section is a condition of entering upon and
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0019| continuing in state employment or holding an appointed
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0020| position."
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0021| Section 7. TEMPORARY PROVISION--RECOMPILATION.--Section
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0022| 10-16-16 NMSA 1978 (being Laws 1980, Chapter 86, Section 1) is
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0023| recompiled as Section 27-2-12.7 NMSA 1978.
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997 SB 229/a
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0002|
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0003| February 14, 1997
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0004| Mr. President:
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0005|
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0006| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0007| referred
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0008|
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0009| SENATE BILL 229
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0010|
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0011| has had it under consideration and reports same with
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0012| recommendation that it DO PASS, amended as follows:
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0013|
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0014| 1. On page 7, line 3, after "account" insert "to be
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0015| established by the department of finance and administration".
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0016|
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0017| 2. On page 7, line 8, after "selected" insert "within ten
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0018| days".
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0019|
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0020| 3. On page 7, line 10, after the period strike the remainder
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0021| of the line, strike lines 11 and 12 through the period.
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0022|
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0023| 4. On page 7, line 23, after "Abritrators" strike "selected
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0024| by the secretary of state".
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0025|
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0001| 5. On page 11, line 4, strike "the Campaign Reporting Act"
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0002| and insert in lieu thereof "that act".
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0003|
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0004| 6. On page 15, between lines 5 and 6, insert a new section to
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0005| read:
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0006|
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0007| Section 6. Section 2-11-8.2 NMSA 1978 (being Laws 1977,
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0008| Chapter 261, Section 4, as amended) is amended to read:
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0009|
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0010| "2-11-8.2. COMPLIANCE WITH ACT--ENFORCEMENT OF ACT--
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0011| BINDING ARBITRATION--CIVIL PENALTIES.--
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0012|
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0013| A. The secretary of state shall advise and seek to
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0014| educate all persons required to perform duties pursuant to the
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0015| Lobbyist Regulation Act of those duties. This includes advising
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0016| all registered lobbyists at least annually of the Lobbyist
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0017| Regulation Act's deadlines for submitting required reports. The
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0018| secretary of state, in consultation with the attorney general,
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0019| shall issue advisory opinions, when requested to do so in writing,
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0020| on matters concerning the Lobbyist Regulation Act. All prescribed
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0021| forms prepared shall be clear and easy to complete.
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0022|
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0023|
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0024|
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0025|
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0001| B. The secretary of state may conduct thorough
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0002| examinations of reports and initiate investigations to determine
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0003| whether the Lobbyist Regulation Act has been violated.
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0004| Additionally, any person who believes that a provision of that act
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0005| has been violated may file a written complaint with the secretary
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0006| of state. The secretary of state shall adopt procedures for
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0007| issuing advisory opinions, processing complaints and notifications
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0008| of violations.
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0009|
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0010| C. The secretary of state shall at all times seek to
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0011| ensure voluntary compliance with the provisions of the Lobbyist
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0012| Regulation Act. If the secretary of state determines that a
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0013| provision of that act for which a penalty may be imposed has been
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0014| violated, the secretary of state shall by written notice set forth
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0015| the violation and the fine imposed and inform the person that he
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0016| has ten working days to provide a written explanation, under
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0017| penalty of perjury, stating any reason the violation occurred. If
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0018| a timely explanation is filed and the secretary of state
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0019| determines that good cause exists, the secretary of state may by a
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0020| written notice of final action partially or fully waive any fine
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0021| imposed. A written notice of final action shall be sent by
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0022| certified mail.
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0023|
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0024| D. If the person charged disputes the secretary of
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0025| state's determination, including an advisory opinion, the person
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0001| charged may request binding arbitration within ten working days of
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0002| the date of the final action. Any penalty imposed shall [not]
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0003| be due and payable [until the arbitration decision is issued,
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and] within ten working days of the notice of final action. No
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0005| additional penalty shall accrue pending issuance of the
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0006| arbitration decision. Fines paid pursuant to a notice of final
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0007| action that are subsequently reduced or dismissed shall be
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0008| reimbursed with interest within ten working days after the filing
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0009| of the arbitration decision with the secretary of state.
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0010| Interest on the reduced or dismissed portion of the fine shall be
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0011| the same as the rate of interest earned by the secretary of
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0012| state's escrow account to be established by the department of
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0013| finance and administration.
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0014|
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| E. An arbitration hearing shall be conducted by a
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0023| [panel of three persons. The person against whom the penalty has
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been imposed shall choose one panel member and submit the panel
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member's name with the request for arbitration. The secretary of
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state shall choose one panel member and provide notice of the
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selection within fifteen days of receipt of the request for
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arbitration. The two members shall then choose the third panel
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member. If no agreement is reached on a third panel member within
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thirty days of receipt of the request for arbitration, the
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presiding judge of the district court for the first judicial
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district shall appoint the third panel member within ten days
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thereafter] single arbitrator selected within ten days by the
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0009| person against whom the penalty has been imposed from a list of
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0010| five arbitrators provided by the secretary of state. Neither the
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0011| secretary of state nor a person subject to the Lobbyist Regulation
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0012| Act, Campaign Reporting Act or Financial Disclosure Act may serve
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0013| as [a panel member. Panel members shall be paid per diem and
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mileage by the secretary of state in accordance with the
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provisions of the Per Diem and Mileage Act plus reimbursement for
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reasonable actual expenses] an arbitrator. Arbitrators shall be
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0017| considered to be independent contractors, not public officers or
|
0018| employees, and shall not be paid per diem and mileage.
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0019|
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0020| F. The [arbitration panel] arbitrator may impose any
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0021| penalty and take any action the secretary of state is authorized
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0022| to take. The [panel] arbitrator shall state the reasons for
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0023| [its] his decision in a written document that shall be a
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0024| public record. The decision shall be final and binding. The
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0025| decision shall be issued and filed with the secretary of state
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0001| within [forty-five] thirty days of the conclusion of the
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0002| hearing. Unless otherwise provided for in this section, or by
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0003| rule or regulation adopted by the secretary of state, the
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0004| procedures for the arbitration shall be governed by the Uniform
|
0005| Arbitration Act. [including the procedures set forth in Section
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44-7-7 NMSA 1978 authorizing the issuance of subpoenas] No
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0007| [panel member] arbitrator shall be subject to liability for
|
0008| actions taken pursuant to this section.
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0009|
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0010|
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0011|
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0012|
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0013|
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0014|
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0015|
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0016|
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0017| G. Any person who files a report after the deadline
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0018| imposed by the Lobbyist Regulation Act, or any person who files a
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0019| false or incomplete report, shall be liable for and shall pay to
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0020| the secretary of state fifty dollars ($50.00) per day for each
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0021| regular working day after the time required for the filing of the
|
0022| report until the complete report is filed, up to a maximum of five
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0023| thousand dollars ($5,000).
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0024|
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0025| H. The secretary of state may refer a matter to the
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0001| attorney general or a district attorney for a civil injunctive or
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0002| other appropriate order or enforcement.".
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0003|
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0004| 7. Renumber succeeding sections accordingly.
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0005|
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0006| 8. On page 18, lines 8, 9 and 10, remove the brackets and
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0007| line-through.
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0008|
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0009| 9. On page 18, line 8, strike "person" and insert in lieu
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0010| thereof "elected official".
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0011|
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0012| 10. On page 19, between lines 3 and 4, insert a new section:
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0013|
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0014| Section 8. Section 10-16A-6 NMSA 1978 (being Laws 1993,
|
0015| Chapter 46, Section 44) is amended to read:
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0016|
|
0017| "10-16A-6. INVESTIGATIONS--BINDING ARBITRATION--FINES--
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0018| ENFORCEMENT.--
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0019|
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0020| A. The secretary of state may conduct thorough
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0021| examinations of statements and initiate investigations to
|
0022| determine whether the Financial Disclosure Act has been violated.
|
0023| Any person who believes that act has been violated may file a
|
0024| written complaint with the secretary of state. The secretary of
|
0025| state shall adopt procedures for processing complaints and
|
0001| notifications of violations.
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0002|
|
0003| B. If the secretary of state determines that a violation
|
0004| has occurred for which a penalty should be imposed, the secretary
|
0005| of state shall so notify the person charged and impose the
|
0006| penalty. If the person charged disputes the secretary of state's
|
0007| determination, the person charged may request binding arbitration.
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0008|
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0009|
|
0010|
|
0011|
|
0012|
|
0013| C. The arbitration decision shall be decided by a
|
0014| [panel of three persons. The secretary of state shall choose one
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panel member within fifteen days of receipt of the request for
|
arbitration; the
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person charged shall choose another panel member and submit the
|
arbitrator's name with the request for arbitration; and those two
|
members shall choose the third panel member. If no agreement is
|
reached on a third panel member within thirty days of receipt of
|
the request for arbitration, the presiding judge of the district
|
court for the first judicial district shall appoint the third
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panel member] single arbitrator selected within ten days by the
|
0024| person against whom the penalty has been imposed from a list of
|
0025| five arbitrators provided by the secretary of state. No [panel
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member] arbitrator may be a person subject to the Financial
|
0002| Disclosure Act, Campaign Reporting Act or Lobbyist Regulation Act.
|
0003| [Panel members shall be paid per diem and mileage in accordance
|
with the provisions of the Per Diem and Mileage Act plus
|
reimbursement for reasonable actual expenses.] Arbitrators shall
|
0006| be considered to be independent contractors, not public officers
|
0007| or employees, and shall not be paid per diem and mileage.
|
0008|
|
0009| D. The [arbitration panel] arbitrator may take any
|
0010| action the secretary of state is authorized to take. The
|
0011| [panel] arbitrator shall state the reasons for [its] his
|
0012| decision in a written document that shall be a public record. The
|
0013| decision shall be final and binding. The decision shall be issued
|
0014| within [forty-five] thirty days of the conclusion of the
|
0015| hearing. Unless otherwise provided for in this section, or by
|
0016| rule or regulation adopted by the secretary of state, the
|
0017| procedures for the arbitration shall be governed by the Uniform
|
0018| Arbitration Act [including the procedures set forth in Section
|
44-7-7 NMSA 1978 authorizing the issuance of subpoenas]. No
|
0020| [panel member] arbitrator shall be subject to liability for
|
0021| actions taken pursuant to this section.
|
0022|
|
0023| E. Any person who files a statement or report after the
|
0024| deadline imposed by the Financial Disclosure Act or any person who
|
0025| files a false or incomplete statement or report [shall be] is
|
0001| liable for and shall pay to the secretary of state, at or from the
|
0002| time initially required for the filing, fifty dollars ($50.00) per
|
0003| day for each regular working day after the time required for the
|
0004| filing of the statement or report until the complete report is
|
0005| filed, up to a maximum of five thousand dollars ($5,000).
|
0006|
|
0007|
|
0008| F. The secretary of state may refer a matter to the
|
0009| attorney general or a district attorney for a civil injunctive or
|
0010| other appropriate order or enforcement."".
|
0011|
|
0012| 11. Renumber the succeeding section accordingly.
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0013|
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0014| Respectfully submitted,
|
0015|
|
0016|
|
0017| __________________________________
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0018| Shannon Robinson, Chairman
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0019|
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0020|
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0021| Adopted_______________________ Not Adopted_______________________
|
0022| (Chief Clerk) (Chief Clerk)
|
0023|
|
0024|
|
0025| Date ________________________
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0001|
|
0002| The roll call vote was 6 For 0 Against
|
0003| Yes: 6
|
0004| No: 0
|
0005| Excused: Boitano, Feldman, Vernon
|
0006| Absent: None
|
0007|
|
0008|
|
0009|
|
0010| S0229PA1 .116709.1
|
0011| .116990.1
|
0012|
|
0013| State of New Mexico
|
0014| House of Representatives
|
0015|
|
0016| FORTY-THIRD LEGISLATURE
|
0017| FIRST SESSION, 1997
|
0018|
|
0019|
|
0020| March 13, 1997
|
0021|
|
0022|
|
0023| Mr. Speaker:
|
0024|
|
0025| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
|
0001| been referred
|
0002|
|
0003| SENATE BILL 229, as amended
|
0004|
|
0005| has had it under consideration and reports same with
|
0006| recommendation that it DO PASS, amended as follows:
|
0007|
|
0008| 1. On page 1, line 19, after the period insert:
|
0009|
|
0010| "In adopting and promulgating these rules and regulations, the
|
0011| secretary of state shall comply with the provisions of the
|
0012| Administrative Procedures Act. In addition to any other
|
0013| notification required pursuant to the provisions of Paragraph (2)
|
0014| of Subsection A of Section 12-8-4 NMSA 1978, the secretary of
|
0015| state shall notify all qualified political parties in the state
|
0016| and the New Mexico legislative council prior to adopting, amending
|
0017| or repealing any rule or regulation.".,
|
0018|
|
0019| and thence referred to the JUDICIARY COMMITTEE.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| Edward C. Sandoval, Chairman
|
0002|
|
0003|
|
0004| Adopted Not Adopted
|
0005|
|
0006| (Chief Clerk) (Chief Clerk)
|
0007|
|
0008| Date
|
0009|
|
0010| The roll call vote was 8 For 0 Against
|
0011| Yes: 8
|
0012| Excused: M.H. Garcia, Lujan, Nicely, Sanchez
|
0013| Absent: None
|
0014|
|
0015|
|
0016| .118793.1
|
0017| G:\BILLTEXT\BILLW_97\S0229
|