BILL

54th OF NEW SESSON, 2019

DISCUSSION DRAFT

AN ACT

RELATING TO ENACTING THE STATE ETHICS
COMMISSION CREATING THE STATE ETHICS COMMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW
MEXICO:

SECTION 1. SHORT act may
be cited as the ?State Ethics Commission Act?.

SECTION 2. used in the
State Ethics Commission Act:
A. ?adjunct agency? means an agency, board, commission,

of?ce or other instrumentality, not assigned to an elected
constitutional of?cer, that is excluded from any direct or

administrative attachment to a department of state

government and that retains policymaking and
administrative autonomy from any other agency of state

government;

B. ?commission? means the state ethics commission;
C. ?commissioner? mean a member of the commission;

?complainant? means a person who ?les a verified ethics
complaint with the commission;

6? 
dlrect S, . -
or means the executive director of the 


F- over
a nment contractor? means a person who has a contract

with 
a state agency or who has submitted a b1d for a
contract With a state agency'

G. ?lob 
the byls't . means a person required to register pursuant to
Of the Lobbyist Regulation Act;

H. political party? means a political party that has been

gigajlmed 1n accordance with the provisions of the Election
3;

I. respondent? means a person who is the subject of a
complalnt ?led with or by the commission; and

J. ?state agency? means any department, commission, council,
board, committee, a ency or institution of the executive of
leglslative branch state government or any
Instrumentality of the state, including the New Mexico
exposition center authority, the New Mexico finance
authority, the New Mexico industrial and agricultural
?nance authority, the New Mexico lottery authority, the
New Mexico mortgage finance authority, the New Mexico
renewable energy transmission authority, and the New

Mexico state fair.

SECTION 3. I NEW STATE ETHICS COMMISSION




A. The ?state ethics commission? is created as an adjunct
agency under the direction of seven commissioners, no
more than three of whom may be registered members of the

same political party, appointed as follows:

(1) one commissioner appointed by the governor;
(2) as certified by the chief clerks of the respective

chambers:

 one commissioner appointed by the president
pro tempore of the senate;

(b)one Commissioner appointed by the minority
floor leader of the senate;

one commissioner appointed by the speaker of
the house of representatives:

one commissioner appointed by the minority
floor leader of the house of representatives; and

two commissioners. who shall not be members
of the same political party, appointed by the
four legislatively appointed commissioners.

The appointing authorities shall give due regard to the
cultural diversity of the state and to achieving geographical
representative from across the state. Each appointing
authority shall file letters of appointment with the secretary

of state.

C. Commissioners shall be appointed for staggered terms of
four years beginning July 1, 2019. The initial
commissioners shall draw lots to determine which two
commissioners serve an initial term of two years, which two
commissioners serve an initial term of three years, and
which three commissioners serve an initial term of four
years. Thereafter, all commissioners shall serve four-year

[611118.

D. A person shall not serve as a commissioner for more than
two consecutive terms. A vacancy on the commission shall
be filled by appointment by the original appointing
authority, no later than sixty days following the vacancy, for
the remainder of the unexpired term.

E. No action shall be taken by the commission unless at least
five members concur.

left this subsection empty for language

regarding recusal. I reviewed Rule #6 of the Judicial
Standards Commission and it speaks to both



Also, HB 190 (Egolf) (2013)

disquali?cation and recusal. dures for recusal
has a subsection that addresses proce .

and disqualification. Let?s discuss the scope 01:11:;
subsection and additional language (in the WC 
group notes) regarding authority for an emerge? :jyf a
appointment by the original appomtmg author] 

quorum is lost due to a recusal.

A commissioner shall be removed only for incompetence,
neglect of duty or malfeasance in of?ce. A proceeding for
the removal of a commissioner may be commenced by the
commission or by the attorney general upon the request of
the commission. The New Mexico supreme court has
exclusive jurisdiction over proceedings to remove
commissioners and its decision shall be final. A
commissioner shall be given notice of hearing and an
opportunity to be heard before the commissioner is

removed.

H. Commissioners are entitled to receive per diem and mileage
as provided in the Per Diem and Mileage Act and shall
receive no other compensation, perquisite or allowance.

SECTION 4. 


A. To qualify for appointment to the commission, a person

shaH:
(1) be a quali?ed elector of the state of New Mexico;

(2) not have changed political party af?liation within two

years prior to appointment; and
(3) not be, or within the two years prior to appointment

shall not have been, a state of?cer or employee in the
executive or legislative branch of government, a

lobbyist or a government contractor.

B. THIS IS WHERE WE ENDED ON SEPTEMBER 7TH

 

 UTIES AND
SECTION 5. COMMISSION