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10 AN ACT
20 MAKING AN APPROPRIATION.
21
25 Commission Act".
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1 SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
10 commission;
20 government;
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1 authority, New Mexico state fair and water quality control
2 commission;
5 Regulation Act;
8 Election Code;
13 state;
15 agency;
22 and any attachments provided with the complaint, are true and
23 accurate.
25 CREATED--APPOINTMENTS--MEMBERSHIP--TERMS--VACANCY--REMOVAL.--
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1 A. The "state ethics commission" is created as an
6 governor;
8 respective chambers:
24 secretary of state.
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1 terms of four years beginning July 1, 2019. The governor's
9 consecutive terms.
21 chair.
24 commission.
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1 neglect of duty or malfeasance in office. A proceeding for the
11 and mileage as provided in the Per Diem and Mileage Act and
17 be held at the call of the chair, the vice chair, the director
underscored material = new
19 commission.
21 LIMITATIONS.--
23 person shall:
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1 (2) not have changed political party
5 following:
8 (c) a candidate;
9 (d) a lobbyist;
12 party.
24 (3) a candidate;
25 (4) a lobbyist;
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1 (5) a government contractor; or
6 A COMMISSIONER.--
8 matter.
13 including:
21 functions impartially;
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1 witness in the matter in controversy.
7 refusal to recuse.
12 voting.
20 disqualification or recusal.
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1 the remaining commissioners in accordance with the political
4 Act.
8 commissioners.
10 POWERS.--
17 jurisdiction;
underscored material = new
20 jurisdiction;
25 Act;
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1 (5) establish one or more hearing panels, as
7 Commission Act;
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1 lobbyists.
3 POWERS.--
13 position.
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1 (3) make recommendations to the commission
11 meeting.
20 Code.
24 COMPLIANCE PROVISIONS.--
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1 enforce the applicable civil compliance provisions for state
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1 jurisdiction within ten days of the decision. The complainant
14 resides.
20 advisory opinion.
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1 Commission Act.
15 advisory opinion.
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1 the commission that alleges a violation of a provision of a law
8 (5) lobbyist; or
10 of the state.
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1 E. A hearing panel shall dismiss complaints that
6 complaints that have been dismissed and the reason for the
22 reasonable specificity.
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1 complaint. All testimony in an investigation shall be under
7 subpoena.
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1 entitled to representation by the risk management division of
4 REPORTS TO COMMISSION.--
13 the investigation.
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1 AN ETHICS VIOLATION.--
7 practicable.
23 and the panel may impose any fines provided for by law.
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1 decision to the full commission, which shall hear the matter
8 the:
16 is a state employee;
[bracketed material] = delete
19 contractor; or
21 a lobbyist.
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1 constituted a violation shall be a public record. Pleadings,
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1 commission or its director, staff or contractors.
15 JURISDICTION.--
18 within three years from the date on which the alleged conduct
19 occurred.
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1 of the commission.
6 attorney.
20 at a hearing.
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1 precludes civil or criminal actions for libel or slander or
3 false claim.
9 the office in which the document was filed or from which the
13 contributions;
22 this section shall be retained by the state for five years and
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1 C. The secretary of state shall provide for
6 searchable format."
8 is enacted to read:
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1 state shall make recommendations to the second session of the
6 enacted to read:
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1 necessary for the efficient administration and enforcement of
4 is enacted to read:
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1 SECTION 21. Section 2-15-8 NMSA 1978 (being Laws 1993,
11 of a legislator;
15 a district attorney;
19 the end of the first full week of the next convened regular
24 PROCEDURES--CONFIDENTIALITY.--
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1 New Mexico legislative council shall develop procedures to
8 the same house from the same political party by the appropriate
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1 [joint] interim legislative ethics committee.
21 ethics committee.
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1 the following provisions:
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1 of conduct for all legislative branch employees. The general
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1 dismissal, demotion or suspension. The head of each executive
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1 act unintentionally or for good cause shall be given ten days'
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1 neither formally declared that the charges contained in the
4 make public the nature of the charges but [he] shall make clear
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1 regards legislators, state employees or statewide elected
15 enforcement.
25 dollars ($5,000)."
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1 SECTION 27. Section 10-16A-1 NMSA 1978 (being Laws 1993,
14 easy to complete.
23 failed."
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1 "10-16A-6. INVESTIGATIONS--BINDING ARBITRATION--FINES--
2 ENFORCEMENT.--
6 Disclosure Act has been violated. Any person who believes that
7 act has been violated may file a written complaint with the
17 arbitration.
underscored material = new
20 against whom the penalty has been imposed from a list of five
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1 mileage.
4 The arbitrator shall state the reasons for [his] the decision
13 section.
19 ($50.00) per day for each regular working day after the time
22 dollars ($5,000).
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1 enforcement."
19 dollars ($5,000)."
25 read:
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1 "[NEW MATERIAL] INVESTIGATIONS--COMPLAINTS--ENFORCEMENT.--
5 of the Gift Act has occurred may file a complaint with the
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1 pursuant to Section 13-1-178 NMSA 1978, the suspension shall
4 exists.
24 LIMIT.--
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1 within three years of the date final action on a procurement is
12 contract or subcontract;
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1 integrity or business ethics;
10 including:
20 debarment;
25 contractor; or
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1 (10) for a willful violation by a bidder,
3 Code.
7 or contractor."
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1 JURISDICTION.--
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1 6 and 8 through 36 of this act is January 1, 2020.
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