reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-17 - Criminal penalties.

Unless specified otherwise in the Governmental Conduct Act, any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. Nothing in the Governmental Conduct Act shall preclude criminal prosecution for bribery or other provisions of law set forth in the constitution of New Mexico or by statute.
History:
Laws 1993, ch. 46, § 37.
ANNOTATIONS
The legislature intended NMSA 1978, § 10-16-3(A)-(C) to be applied as ethical principles excepted from the scope of this section.
— In consolidated cases, where petitioners were each charged under two or three subsections of the Governmental Conduct Act, and where the district court dismissed the charges in all four cases on different grounds, the district courts did not err in dismissing charges under 10-16-3 NMSA 1978, Subsections (A) through (C), because the plain language of Subsections (A) through (C) demonstrate a legislative intent that these subsections be applied as ethical principles rather than as criminal statutes within the scope of 10-16-17 NMSA 1978. Each relevant subjection communicates a general goal or proscription without specifying a wrongful deed or forbidden act.
State v. Gutierrez
, 2023-NMSC-002,
rev'g
2020-NMCA-045, 472 P.3d 1260.
Legislative intent for willful and knowing violations.
— The plain meaning of § 10-16-3 NMSA 1978 and § 10-16-17 NMSA 1978 indicates a legislative intent to provide for a misdemeanor penalty for a knowing and willful violation of the provisions of §§ 10-16-3(A) through § 10-16-3(C) NMSA 1978.
State v. Gutierrez
, 2020-NMCA-045, cert. granted.
In four separate cases, consolidated for appeal, where each case arose from an allegation of misconduct by a government official, and where the district court in each case dismissed the charges against the defendants, finding that violations of §§ 10-16-3(A) through § 10-16-3(C) NMSA 1978 were not crimes but ethical considerations and therefore the indictments failed to allege the commission of a criminal offense, or that even if Subsections A through C provided for criminal offenses, they were nevertheless void for vagueness, the district courts' dismissals of the counts charging defendants under Subsection A were improper because the plain meaning of § 10-16-3 NMSA 1978 and § 10-16-17 NMSA 1978 indicates a legislative intent to provide for a misdemeanor penalty for a knowing and willful violation of Subsection A, but the dismissals of the counts charging defendants under Subsections B through C were proper because those subsections fail to provide persons of ordinary intelligence a fair opportunity to determine whether their conduct is prohibited.
State v. Gutierrez
, 2020-NMCA-045, cert. granted.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-18 - Enforcement; civil penalties.

A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Governmental Conduct Act, the state ethics commission may refer the matter to the attorney general or a district attorney for enforcement.
B. The state ethics commission may institute a civil action in district court or refer a matter to the attorney general or a district attorney to institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Governmental Conduct Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000).
History:
Laws 1995, ch. 153, § 23; 2019, ch. 86, § 26.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, authorized the state ethics commission to refer violations of the Governmental Conduct Act to the attorney general or a district attorney for enforcement; and provided the state ethics commission with the authority to institute a civil action in district court regarding violations of the Governmental Conduct Act; in Subsection A, after "If the", deleted "secretary of", after "state", added "ethics commission", after "Governmental Conduct Act, the", deleted "secretary of", and after "state", deleted "shall" and added "ethics commission may"; and in Subsection B, after "The", added "state ethics commission may institute a civil action in district court or refer a matter to the".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-1 - Short title; Financial Disclosure Act.

Chapter 10, Article 16A NMSA 1978 may be cited as the "Financial Disclosure Act".
History:
Laws 1993, ch. 46, § 39; 2019, ch. 86, § 27.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, changed "Section 39 through 45 of this act" to "Chapter 10, Article 16A NMSA 1978".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-2 - Definitions.

As used in the Financial Disclosure Act:
A. "business" means a corporation, partnership, sole proprietorship, firm, organization or individual carrying on a business;
B. "employment" means rendering of services for compensation in the form of salary as an employee;
C. "financial interest" means an interest held by an individual or his spouse that is:
(1) an ownership interest in business; or
(2) any employment or prospective employment for which negotiations have already begun;
D. "official act" means an official decision, recommendation, approval, disapproval or other action that involves the use of discretionary authority;
E. "person" means an individual or entity; and
F. "public officer or employee" means any person who has been elected to, appointed to or hired for any state office and who receives compensation in the form of salary or is eligible for per diem or mileage, but excludes legislators and judges.
History:
Laws 1993, ch. 46, § 40.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-4 - Disclosures by certain public officers or employees of state agencies; condition of employment.

A. Every employee who is not otherwise required to file a financial disclosure statement under the Financial Disclosure Act and who has a financial interest that he believes or has reason to believe may be affected by his official act or actions of the state agency by which he is employed shall disclose the nature and extent of that interest. The disclosures shall be made in writing to the secretary of state before entering state employment and during the month of January every year thereafter.
B. Every public officer who is not otherwise required to file a financial disclosure statement under the Financial Disclosure Act and who has a financial interest that he believes or has reason to believe may be affected by his official act or actions of the board or commission to which he is appointed shall disclose the nature and extent of that interest. The disclosures shall be made in writing to the secretary of state before taking office and during the month of January every year thereafter.
C. The information on the disclosures shall be made available by the secretary of state for inspection to any citizen of this state.
D. The filing of disclosures pursuant to this section is a condition of entering upon and continuing in state employment or, for persons subject to Subsection B of this section, of holding public office.
History:
Laws 1993, ch. 46, § 42.
ANNOTATIONS
A state employee who also receives a monthly salary from a political campaign committee does not necessarily violate state ethics laws.
— Although the Gift Act, 10-16B-1 to 10-16B-4 NMSA 1978, the Governmental Conduct Act, 10-16-1 to 10-16-18 NMSA 1978, the Financial Disclosure Act, 10-16A-1 to 10-16A-8 NMSA 1978, the Campaign Reporting Act, 1-19-25 to 1-19-36 NMSA 1978, and the State Ethics Commission Act, Chapter 10, Article 16G NMSA 1978, impose certain duties on state employees and regulate certain state employees' conduct, the limited set of facts presented in this request, that a state employee, while employed and performing regular public duties, is also receiving a monthly salary from a political campaign committee or political organization, do not establish a violation of any of the foregoing statutes. 2020 Op. Ethics Comm'n No. 2020-01.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-5 - Education and voluntary compliance.

A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Financial Disclosure Act of those duties. This includes providing timely advance notice of the required financial disclosure statement and preparing forms that are clear and easy to complete.
B. The secretary of state shall seek first to ensure voluntary compliance with the provisions of the Financial Disclosure Act. A person who violates that act unintentionally or for good cause shall be given ten days' notice to correct the matter before fines are imposed. Referrals to the state ethics commission for civil enforcement of the Financial Disclosure Act shall be pursued only after efforts to secure voluntary compliance with that act have failed.
History:
Laws 1993, ch. 46, § 43; 2019, ch. 86, § 28.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, provided that referrals of violations of the Financial Disclosure Act shall be made to the state ethics commission; and in Subsection B, added "to the state ethics commission".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-7 - Criminal penalties.

Any person who knowingly and willfully violates any of the provisions of the Financial Disclosure Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
History:
Laws 1993, ch. 46, § 45.
ANNOTATIONS
Severability.
— Laws 1993, ch. 46, § 59 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-8 - Enforcement; civil penalties.

A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Financial Disclosure Act, the commission may refer the matter to the attorney general or a district attorney for enforcement.
B. The state ethics commission may institute a civil action in district court or refer a matter to the attorney general or a district attorney to institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Financial Disclosure Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000).
History:
Laws 1995, ch. 153, § 25; 2019, ch. 86, § 30.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, authorized the state ethics commission to refer alleged violations of the Financial Disclosure Act to the attorney general or a district attorney for enforcement, and authorized the state ethics commission to institute a civil action or refer a matter to the attorney general or a district attorney to institute a civil action if a violation of the Financial Disclosure Act has occurred; in Subsection A, replaced each occurrence of "secretary of state" with "state ethics commission"; and in Subsection B, added "state ethics commission may institute a civil action in district court or refer a matter to the".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16A - Financial Disclosures › Section 10-16A-9 - Rulemaking authority.

The secretary of state may promulgate rules to implement the provisions of the Financial Disclosure Act. In promulgating the rules, the secretary of state shall comply with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 2021, ch. 109, § 21.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 109, § 23 made Laws 2021, ch. 109, § 21 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16B - Gift Act › Section 10-16B-1 - Short title.

Chapter 10, Article 16B NMSA 1978 may be cited as the "Gift Act".
History:
Laws 2007, ch. 226, § 1; 2019, ch. 86, § 31.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, changed "This act" to "Chapter 10, Article 16B NMSA 1978".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16B - Gift Act › Section 10-16B-3 - Limitation on gifts.

A. A state officer or employee or a candidate for state office, or that person's family, shall not knowingly accept from a restricted donor, and a restricted donor shall not knowingly donate to a state officer or employee or a candidate for state office, or that person's family, a gift of a market value greater than two hundred fifty dollars ($250).
B. A lobbyist registered with the secretary of state, the lobbyist's employer or a government contractor shall not donate gifts of an aggregate market value greater than one thousand dollars ($1,000) in a calendar year to any one state officer or employee or to any one candidate for state office.
C. A state officer or employee shall not solicit gifts for a charity from a business or corporation regulated by the state agency for which the state officer or employee works and shall not otherwise solicit donations for a charity in such a manner that it appears that the purpose of the donor in making the gift is to influence the state officer or employee in the performance of an official duty.
History:
Laws 2007, ch. 226, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 226 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
A state employee who also receives a monthly salary from a political campaign committee does not necessarily violate state ethics laws.
— Although the Gift Act, 10-16B-1 to 10-16B-4 NMSA 1978, the Governmental Conduct Act, 10-16-1 to 10-16-18 NMSA 1978, the Financial Disclosure Act, 10-16A-1 to 10-16A-8 NMSA 1978, the Campaign Reporting Act, 1-19-25 to 1-19-36 NMSA 1978, and the State Ethics Commission Act, Chapter 10, Article 16G NMSA 1978, impose certain duties on state employees and regulate certain state employees' conduct, the limited set of facts presented in this request, that a state employee, while employed and performing regular public duties, is also receiving a monthly salary from a political campaign committee or political organization, do not establish a violation of any of the foregoing statutes. 2020 Op. Ethics Comm'n No. 2020-01.
Educational program exception to the New Mexico Gift Act.
— Educational programs that an energy company hopes to provide to members of the New Mexico legislature regarding its proposed nuclear waste storage facility in southeastern New Mexico falls within the educational program exception to the New Mexico Gift Act, 10-16B-1 to 10-16B-5 NMSA 1978, because the programs are designed to educate the legislators about the nuclear waste storage facilities and are therefore directly related to a legislator's official duties.
Educational Program Exception under the New Mexico Gift Act
(4/22/20), Att'y Gen. Adv. Ltr. 2020-04.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16B - Gift Act › Section 10-16B-4 - Penalties.

A person who violates the provisions of the Gift Act is guilty of a petty misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2007, ch. 226, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 226 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16B - Gift Act › Section 10-16B-5 - Investigations; complaints; enforcement.

A. The state ethics commission may initiate investigations to determine whether the provisions of the Gift Act have been violated. A person who believes that a violation of the Gift Act has occurred may file a complaint with the state ethics commission.
B. If the state ethics commission determines that a violation has occurred, the commission shall refer the matter to the attorney general for criminal prosecution.
History:
Laws 2019, ch. 86, § 32.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 32 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16C - Whistleblower Protection › Section 10-16C-1 - Short title.

This act [10-16C-1 to 10-16C-4 NMSA 1978] may be cited as the "Whistleblower Protection Act".
History:
Laws 2010, ch. 12, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Applicability.
— Laws 2010, ch. 12, § 7 provided that the provisions of the Whistleblower Protection Act apply only to civil actions for damages resulting from retaliatory action that occurred on or after July 1, 2008.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16C - Whistleblower Protection › Section 10-16C-5 - Posting of law and information.

Every public employer shall keep posted in a conspicuous place on the public employer's premises notices prepared by the employer that set forth the provisions of the Whistleblower Protection Act.
History:
Laws 2010, ch. 12, § 5.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Applicability.
— Laws 2010, ch. 12, § 7 provided that the provisions of the Whistleblower Protection Act apply only to civil actions for damages resulting from retaliatory action that occurred on or after July 1, 2008.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16C - Whistleblower Protection › Section 10-16C-6 - Limitation on actions.

A civil action pursuant to the Whistleblower Protection Act shall be forever barred unless the action is filed within two years from the date on which the retaliatory action occurred.
History:
Laws 2010, ch. 12, § 6.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Applicability.
— Laws 2010, ch. 12, § 7 provided that the provisions of the Whistleblower Protection Act apply only to civil actions for damages resulting from retaliatory action that occurred on or after July 1, 2008.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16D - Sunshine Portal Transparency › Section 10-16D-1 - Short title.

Chapter 10, Article 16D NMSA 1978 may be cited as the "Sunshine Portal Transparency Act".
History:
Laws 2010, ch. 34, § 1; 2011, ch. 13, § 1.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, changed the statutory reference.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16D - Sunshine Portal Transparency › Section 10-16D-2 - Definitions.

As used in the Sunshine Portal Transparency Act:
A. "contract" means an agreement with a state agency for:
(1) the rendition of services, including professional services;
(2) the furnishing of any material, supplies or equipment;
(3) the construction, alteration or repair of any public building or public work;
(4) the acquisition, sale or lease of any land or building;
(5) a licensing arrangement;
(6) a loan or loan guarantee; or
(7) the purchase of financial securities or instruments;
B. "department" means the department of information technology, or its successor agency;
C. "exempt employee" means an employee of the state or a state agency who is in a policymaking or supervisory position and who serves at the discretion of the agency head or at the discretion of an appointee of the agency head;
D. "expenditure" means:
(1) for a state agency, a disbursement of state or federal funds by the state agency, whether or not the funds have been appropriated by the legislature; or
(2) for a local education provider, a disbursement of federal, state or other funds by the local education provider;
E. "federal funds" means money received by a state agency from the federal government or one of its branches, departments, agencies, offices, officers or instrumentalities;
F. "local education provider" means:
(1) a school district, including the local school board for that school district; or
(2) a locally chartered or state-chartered charter school, including the governing body of that charter school;
G. "revenue" means:
(1) for a state agency, money received by the state agency and deposited into the general fund or another state fund. "Revenue" includes money from taxes, fines, fees, royalties, federal funds and other sources but does not include money deposited into a state suspense fund; or
(2) for a local education provider, all money received by the local education provider, including federal and state grants, state distributions, property tax revenues and donations; and
H. "state agency" means the New Mexico state government or any department, division, institution, board, bureau, commission or committee of state government and includes any office or officer of any of the above.
History:
Laws 2010, ch. 34, § 2; 2011, ch. 13, § 2.
ANNOTATIONS
Cross references.
— For the department of information technology,
see
9-27-4 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, added Subsection A to define "contract"; defined "expenditure" and "revenue" separately for state agencies and local education providers; and added Subsection F to define "local education provider".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16D - Sunshine Portal Transparency › Section 10-16D-4 - Rules promulgation; compliance required.

A. Pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the department shall promulgate rules necessary to implement the architecture, information exchange process and maintenance of the sunshine portal pursuant to the Sunshine Portal Transparency Act.
B. Pursuant to the State Rules Act, the department of finance and administration shall promulgate rules to carry out the provisions of the Sunshine Portal Transparency Act.
C. All state agencies shall comply with the provisions of the Sunshine Portal Transparency Act and rules promulgated by the department and the department of finance and administration pursuant to that act.
History:
Laws 2010, ch. 34, § 4.
ANNOTATIONS
Cross references.
— For the department of finance and administration,
see
9-6-3 NMSA 1978.
Effective dates.
— Laws 2010, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16D - Sunshine Portal Transparency › Section 10-16D-5 - Protection of confidential information.

Nothing in the Sunshine Portal Transparency Act shall require disclosure of information that is confidential by state or federal law.
History:
Laws 2010, ch. 34, § 5.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16D - Sunshine Portal Transparency › Section 10-16D-6 - Local education providers; required information; publication by public education department on the sunshine portal.

A. Commencing no later than July 1, 2012, and on a continuing basis thereafter, each local education provider shall provide the following information to the public education department for online publication on the sunshine portal, in a downloadable format, for free public access:
(1) the annual operating budget, commencing with the budget for fiscal year 2012;
(2) salary schedules and policies;
(3) a directory of the local education provider's employee positions by school name, title and salary;
(4) monthly expenditures by category;
(5) monthly revenue by source; and
(6) an inventory of all real property owned by the local education provider, including the location of the property, the size of the property, a description of the improvements on the property and a description of the use of the property.
B. As soon as practicable after July 1, 2011, the public education department shall begin working with the department of information technology to create a monthly data extract from applicable computer database systems. As information is received pursuant to Subsection A of this section, the public education department, working with the department of information technology, shall publish the information on the sunshine portal.
C. The public education department and each local education provider that maintains a web site shall have a link to the sunshine portal on its web site.
History:
1978 Comp., § 10-16D-6, enacted by Laws 2011, ch. 13, § 4.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 13, § 6 made Laws 2011, ch. 13, § 4 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16E - One-Stop Business Portal › Section 10-16E-1 - Short title.

This act [10-16E-1 to 10-16E-4 NMSA 1978] may be cited as the "One-Stop Business Portal Act".
History:
Laws 2014, ch. 20, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16E - One-Stop Business Portal › Section 10-16E-2 - Definitions.

As used in the One-Stop Business Portal Act:
A. "authorized representative" means a person authorized by a business to use the one-stop business portal to complete business transactions with state agencies on behalf of the business;
B. "department" means the department of information technology; and
C. "state agency" means the New Mexico state government or any department, division, institution, board, bureau, commission or committee of state government and includes any office or officer of any of the above.
History:
Laws 2014, ch. 20, § 2.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16E - One-Stop Business Portal › Section 10-16E-3 - One-stop business portal; duties.

A. The department shall develop, operate and maintain a centralized web site that is free, user-friendly, searchable and accessible to the public that shall provide authorized representatives of businesses with access or the ability to electronically conduct certain business transactions with state agencies and that shall be known as the "one-stop business portal".
B. No later than January 1, 2017, the department shall provide the framework and define the information exchange process necessary for the one-stop business portal.
C. No later than July 1, 2017, the one-stop business portal shall be available for public access and use and shall include the information and capabilities required by Subsection D of this section.
D. The one-stop business portal shall provide authorized representatives with a single point of entry for conducting certain business transactions with state agencies and shall facilitate or provide the capability to:
(1) access taxation information, including filing and renewal deadlines;
(2) make taxation filings and payments;
(3) access workers' compensation information, including requirements and deadlines;
(4) access information related to business licensing requirements and associated filing and renewal deadlines;
(5) complete and submit applications for licenses, registrations and permits that are issued by state agencies and that are required for the transaction of business in New Mexico;
(6) complete and file documents that state agencies require for the transaction of business in New Mexico;
(7) make payments, including payments for application fees, license fees, registration fees, permit fees, filing fees and payments made pursuant to the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] that must be paid to state agencies;
(8) provide electronic communications with customer service representatives during regular business hours regarding the use of the one-stop business portal and the services offered through the one-stop business portal; and
(9) access the sunshine portal.
E. The department and state agencies shall share information received pursuant to or required for the operation or function of the one-stop business portal only for the purpose of implementing the provisions of the One-Stop Business Portal Act or rules promulgated by a state agency pursuant to that act.
History:
Laws 2014, ch. 20, § 3.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16E - One-Stop Business Portal › Section 10-16E-4 - Rules promulgation; compliance required.

A. Pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the department shall promulgate rules necessary to support the framework, information exchange process and maintenance of the one-stop business portal pursuant to the One-Stop Business Portal Act.
B. Pursuant to the State Rules Act, the secretary of state, the taxation and revenue department, the workforce solutions department, the regulation and licensing department and the workers' compensation administration may promulgate rules to carry out the provisions of the One-Stop Business Portal Act.
History:
Laws 2014, ch. 20, § 4.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16F - Electronic Communications Privacy › Section 10-16F-1 - Short title.

This act [10-16F-1 to 10-16F-4 NMSA 1978] may be cited as the "Electronic Communications Privacy Act".
History:
Laws 2019, ch. 39, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16F - Electronic Communications Privacy › Section 10-16F-5 - Violations of law.

A. A person in a trial, hearing or proceeding may move to suppress any electronic information obtained or retained in violation of the United States constitution, the constitution of New Mexico or the Electronic Communications Privacy Act. The motion shall be made, determined and subject to review in accordance with the procedures provided in law.
B. The attorney general may commence a civil action to compel a government entity to comply with the Electronic Communications Privacy Act.
C. A natural person, service provider or other recipient of a warrant, order or other legal process obtained in violation of the United States constitution, the constitution of New Mexico or the Electronic Communications Privacy Act may petition the court that issued the warrant, order or process to void or modify it or order the destruction of any information obtained in violation of those sources of law.
History:
Laws 2019, ch. 39, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-1 - Short title.

Chapter 10, Article 16G NMSA 1978 may be cited as the "State Ethics Commission Act".
History:
Laws 2019, ch. 86, § 1; 2023, ch. 164, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed "Sections 1 through 16 of this act" to "Chapter 10, Article 16G NMSA 1978".
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-2 - Definitions.

As used in the State Ethics Commission Act:
A. "commission" means the state ethics commission;
B. "commissioner" means a member of the commission;
C. "complainant" means a person who files a verified complaint with the commission;
D. "complaint" means a complaint that has been signed by the complainant and the complainant attests under oath and subject to penalty of perjury that the information in the complaint, and any attachments provided with the complaint, are true and accurate;
E. "director" means the executive director of the commission;
F. "government contractor" means a person who has a contract with a public agency or who has submitted a competitive sealed proposal or competitive sealed bid for a contract with a public agency;
G. "legislative body" means the house of representatives or the senate;
H. "lobbyist" means a person who is required to register as a lobbyist pursuant to the provisions of the Lobbyist Regulation Act [Chapter 2, Article 11 NMSA 1978];
I. "political party" means a political party that has been qualified in accordance with the provisions of the Election Code [Chapter 1 NMSA 1978];
J. "public agency" means any department, commission, council, board, committee, agency or institution of the executive or legislative branch of government of the state or any instrumentality of the state, including the New Mexico mortgage finance authority, the New Mexico finance authority, the New Mexico exposition center authority, the New Mexico hospital equipment loan council and the New Mexico renewable energy transmission authority;
K. "public employee" means an employee of a public agency;
L. "public official" means a person elected to an office of the executive or legislative branch of the state or a person appointed to a public agency; and
M. "respondent" means a person against whom a complaint has been filed with or by the commission.
History:
Laws 2019, ch. 86, § 2; 2021, ch. 109, § 14.
ANNOTATIONS
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
The 2021 amendment,
effective July 1, 2021, removed the notarization requirement from the definition of "complaint", as used in the State Ethics Commission Act; and in Subsection D, after "penalty of perjury", deleted "before a notary public".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-6 - Executive director; appointment; duties and powers.

A. The commission shall appoint an executive director who shall be knowledgeable about state ethics laws and who shall be appointed without reference to party affiliation and solely on the grounds of fitness to perform the duties of the office. The director shall hold office from the date of appointment until such time as the director is removed by the commission.
B. The director shall:
(1) take the oath of office required by Article 20, Section 1 of the constitution of New Mexico;
(2) hire a general counsel who may serve for no more than five years, unless rehired for up to an additional five years;
(3) hire additional personnel as may be necessary to carry out the duties of the commission;
(4) prepare an annual budget for the commission and submit it to the commission for approval;
(5) make recommendations to the commission of proposed rules or legislative changes needed to provide better administration of the State Ethics Commission Act;
(6) perform other duties as assigned by the commission; and
(7) be required to reapply for the position after six years of service and may serve as director for no more than twelve years.
C. The director may:
(1) enter into contracts and agreements on behalf of the commission; and
(2) have the general counsel administer oaths and take depositions subject to the Rules of Civil Procedure for the District Courts.
D. For a period of one calendar year immediately following termination of the director's employment with the commission, the director shall not:
(1) represent a respondent, unless appearing on the director's own behalf; or
(2) accept employment or otherwise provide services to a respondent, unless the director accepted employment or provided services prior to the filing of a complaint against the respondent.
History:
Laws 2019, ch. 86, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 6 effective July 1, 2019.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
Cross references.
— For the Rules of Civil Procedure for the District Courts,
see
1-001 NMRA et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-7 - Recusal and disqualification of a commissioner.

A. A commissioner may recuse from a particular matter.
B. A commissioner shall recuse from any matter in which the commissioner is unable to make a fair and impartial decision or in which there is a reasonable doubt about whether the commissioner can make a fair and impartial decision, including:
(1) when the commissioner has a personal bias or prejudice concerning a party to the proceeding or has prejudged a disputed evidentiary fact involved in a proceeding prior to a hearing. For the purposes of this paragraph, "personal bias or prejudice" means a predisposition toward a person based on a previous or ongoing relationship that renders the commissioner unable to exercise the commissioner's functions impartially;
(2) when the commissioner has a pecuniary interest in the outcome of the matter; or
(3) when in previous employment the commissioner served as an attorney, adviser, consultant or witness in the matter in controversy.
C. A party to the proceeding may request the recusal of a commissioner and shall provide the commission with the grounds for the request. If the commissioner declines to recuse upon request of a party to the proceeding, the commissioner shall provide a full explanation in support of the refusal to recuse.
D. A party may appeal a commissioner's refusal to recuse, or if the propriety of a commissioner's participation in a particular matter is otherwise questioned, the issue shall be decided by a majority of the other commissioners present and voting.
E. A disqualified commissioner shall not participate in any proceedings with reference to the matter from which the commissioner is disqualified or recused, and the commissioner shall be excused from that portion of any meeting at which the matter is discussed.
F. Minutes of commission meetings shall record the name of any commissioner not voting on a matter by reason of disqualification or recusal.
G. If two or more commissioners have recused themselves or are disqualified from participating in a proceeding, the remaining commissioners shall appoint temporary commissioners to participate in that proceeding. Appointments of temporary commissioners shall be made by a majority vote of the remaining commissioners in accordance with the political affiliation and geographical representation requirements and the qualifications set forth in the State Ethics Commission Act.
H. The commission shall promulgate rules for the recusal and disqualification of commissioners, for an appeal of a recusal decision and for the appointment of temporary commissioners.
History:
Laws 2019, ch. 86, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 7 effective July 1, 2019.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-8 - Advisory opinions.

A. The commission may issue advisory opinions on matters related to ethics. Advisory opinions shall:
(1) be requested in writing by a public official, public employee, candidate, person subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractor, lobbyist or lobbyist's employer;
(2) identify a specific set of circumstances involving an ethics issue;
(3) be issued within sixty days of receipt of the request unless the commission notifies the requester of a delay in issuance and continues to notify the requester every thirty days until the advisory opinion is issued; and
(4) be published after omitting the requester's name and identifying information.
B. A request for an advisory opinion shall be confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
C. Unless amended or revoked, an advisory opinion shall be binding on the commission in any subsequent commission proceedings concerning a person who acted in good faith and in reasonable reliance on the advisory opinion.
History:
Laws 2019, ch. 86, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 8 effective July 1, 2019.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-11 - Status of investigation; reports to commission.

A. If a hearing has not been scheduled concerning the disposition of a complaint within ninety days after the complaint is received, the director shall report to the commission on the status of the investigation. The commission may dismiss the complaint or instruct the director to continue the investigation of the complaint. Unless the commission dismisses the complaint, the director shall report to the commission every ninety days thereafter on the status of the investigation.
B. Upon dismissal of a complaint or a decision to continue an investigation of a complaint, the commission shall notify the complainant and respondent in writing of its action. If the commission has not notified a respondent pursuant to the provisions of Subsection G of Section 10 [10-16G-10 NMSA 1978] of the State Ethics Commission Act, the commission shall vote on whether to notify the respondent. A decision whether to continue to delay notifying the respondent shall be taken by a majority vote of a quorum of the commission and shall be documented in writing with reasonable specificity.
History:
Laws 2019, ch. 86, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 11 effective January 1, 2020.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-13 - Confidentiality of records; penalty.

A. A decision that a respondent's conduct constituted a violation, and the terms of a settlement approved by the commission, are public records. Pleadings, motions, briefs and other documents or information related to the decision are public records, except for information that is confidential or protected pursuant to attorney-client privilege, provider-patient privilege or state or federal law.
B. If a complaint is determined to be frivolous, unsubstantiated or outside the jurisdiction of the commission, the complaint shall not be made public by the commission; provided that the commission shall not prohibit the complainant or respondent from releasing the commission's decision or other information concerning the complaint.
C. Except as otherwise provided in the acts listed in Section 9 of the State Ethics Commission Act, all complaints, reports, files, records and communications collected or generated by the commission, hearing officer, general counsel or director that pertain to alleged violations shall not be disclosed by the commission or any commissioner, agent or employee of the commission, unless:
(1) disclosure is necessary to pursue an investigation by the commission;
(2) disclosure is required pursuant to the provisions of the State Ethics Commission Act; or
(3) they are offered into evidence by the commission, respondent or another party at a judicial, legislative or administrative proceeding, including a hearing before a hearing officer.
D. Information and reports containing information made confidential by law shall not be disclosed by the commission or its director, staff or contractors.
E. A commissioner, director, staff or contractor who knowingly discloses any confidential complaint, report, file, record or communication in violation of the State Ethics Commission Act is guilty of a petty misdemeanor.
History:
Laws 2019, ch. 86, § 13.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 13 effective January 1, 2020.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-14 - Criminal violations; referral.

If the commission finds at any time that a respondent's conduct amounts to a criminal violation, the director shall consult with the attorney general or an appropriate district attorney, and the commission may refer the matter to the attorney general or an appropriate district attorney. The commission may provide the attorney general or district attorney with all evidence collected during the commission's investigation. Nothing in this section prevents the commission from taking any action authorized by the State Ethics Commission Act or deciding to suspend an investigation pending resolution of any criminal charges.
History:
Laws 2019, ch. 86, § 14.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 14 effective January 1, 2020.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.