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11/25/09BILL

TH LEGISLATURE

- STATE OF NEW MEXICO -

SECOND SESSION

, 2010

INTRODUCED BYDISCUSSION DRAFT AN ACTRELATING TO ETHICS; ENACTING THE STATE ETHICS COMMISSION ACT;CREATING THE STATE ETHICS COMMISSION; PROVIDING FOR ANEXECUTIVE DIRECTOR; PROVIDING FOR ANNUAL ETHICS TRAINING ANDTHE PUBLICATION OF ETHICS GUIDES; REQUIRING THE DEVELOPMENT OF A PROPOSED ETHICS CODE; PROVIDING FOR THE ISSUANCE OF ADVISORYOPINIONS; PROVIDING FOR THE FILING OF COMPLAINTS AGAINST STATEOFFICIALS, STATE EMPLOYEES, GOVERNMENT CONTRACTORS ANDLOBBYISTS FOR ETHICS VIOLATIONS; PROVIDING FOR INVESTIGATIONS AND HEARINGS; GRANTING SUBPOENA POWERS; REQUIRINGCONFIDENTIALITY; PROHIBITING RETALIATION; PROVIDING PENALTIES.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1through 16 of this act may be cited as the "State EthicsCommission Act"..179695.3

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Section 2. [NEW MATERIAL] DEFINITIONS.--As used in theState Ethics Commission Act: A. "adjunct agency" means an agency, board,commission, office or other instrumentality, not assigned to anelected constitutional officer, that is excluded from anydirect or administrative attachment to a department and thatretains policymaking and administrative autonomy separate from any other agency of state government;B. "commission" means the state ethics commission;C. "commissioner" means a member of the commission;D. "complainant" means a person who files an ethicscomplaint with the commission;E. "director" means the executive director of thecommission;F. "ethics violation" means an action that is a violation of the Gift Act; the Governmental Conduct Act; theProcurement Code; the Lobbyist Regulation Act; the FinancialDisclosure Act; the Voter Action Act; Chapter 1, Article 19NMSA 1978, including the Campaign Reporting Act; or any code ofethics adopted pursuant to those laws or Section 5 of the StateEthics Commission Act;G. "government contractor" means a person who has acontract with a state agency or who has submitted a competitivesealed proposal or competitive sealed bid for a contract with astate agency;.179695.3- 2 -

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H. "legislative body" means the house ofrepresentatives or the senate;I. "lobbying" means attempting to influence:(1) a decision related to any matter to beconsidered or being considered by the legislative branch ofstate government or any legislative committee or to anylegislative matter requiring action by the governor or awaitingaction by the governor; or(2) an official action;J. "lobbyist" means a person who is compensated forthe specific purpose of lobbying; who is designated by aninterest group or organization to represent it on a substantialor regular basis for the purpose of lobbying; or who, in thecourse of the person's employment, is engaged in lobbying on asubstantial or regular basis. "Lobbyist" does not include:(1) a person who appears on the person's ownbehalf in connection with legislation or an official action;(2) an elected or appointed officer of thestate, a political subdivision of the state or an Indiannation, tribe or pueblo who is acting in the officer's officialcapacity;(3) a state employee or an employee of apolitical subdivision of the state, specifically designated byan elected or appointed officer, who appears before alegislative committee or in a rulemaking proceeding only to.179695.3- 3 -