Chapter 10 — Chapter 10

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 th…

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.

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 informa…

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 tran…

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 t…

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.

As used in the Electronic Communications Privacy Act: A. "adverse result" means: (1) danger to the life or physical safety of a natural person; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of a potential witness; or (5) serious jeop…

warrants; information retention; emergency. A. Except as otherwise provided in this section, a government entity shall not: (1) compel or incentivize the production of or access to electronic communication information from a service provider; (2) compel the production of or acces…

A. Except as otherwise provided in this section, a government entity that executes a warrant or obtains electronic information in an emergency as provided in Section 10- 16F-3 NMSA 1978 shall: (1) serve upon or deliver, by registered or first-class mail, electronic mail or other …

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…

A. A government entity that obtains electronic communication information under the Electronic Communications Privacy Act shall report to the attorney general beginning in 2021 and every year thereafter on or before February 1. The report shall include, to the extent it reasonably…

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.

A. A complaint of an alleged ethics violation committed 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, lobbyist's employer or a restricted donor subject to the Gift A…

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 t…

and reasons given; disclosure of an ethics violation. A. Upon receipt of the general counsel's recommendation, the commission or hearing officer shall: (1) dismiss a complaint and notify the complainant and the respondent of the dismissal; or (2) set a public hearing, as soon as …

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 i…

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 at…

A. The commission shall not accept or consider a complaint unless the complaint is filed with the commission within the later of two years from the date: (1) on which the alleged conduct occurred; or (2) the alleged conduct could reasonably have been discovered. B. The commission…

A. A person shall not take or threaten to take any retaliatory, disciplinary or other adverse action against another person who in good faith: (1) files a verified complaint with the commission that alleges a violation; or (2) provides testimony, records, documents or other infor…

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 si…

removal. A. The "state ethics commission", as created in Article 5, Section 17 of the constitution of New Mexico, is composed of seven commissioners, appointed as follows: (1) one commissioner appointed by the speaker of the house of representatives; (2) one commissioner appointe…

A. To qualify for appointment to the commission, a person shall: (1) be a qualified elector of New Mexico; (2) not have changed party registration in the five years next preceding the member's appointment in such a manner that the member's prior party registration would make the …

A. The commission shall: (1) employ an executive director, who shall be an attorney, upon approval of at least five commissioners; (2) develop, adopt and promulgate the rules necessary for it to implement and administer the provisions of the State Ethics Commission Act; and (3) e…

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…

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 dec…

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, l…

A. The commission has jurisdiction to enforce the applicable civil compliance provisions for public officials, public employees, candidates, persons subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractors, lobbyists and lobbyists' employers of…

Sections 5 through 8 [10-16H-1 to 10-16H-4 NMSA 1978] of this act may be cited as the "Public Employee Caregiver Leave Act". History: Laws 2019, ch. 177, § 5.

As used in the Public Employee Caregiver Leave Act: A. "eligible employee" means, except as provided pursuant to Section 8 [10-16H-4 NMSA 1978] of this 2019 act, an individual who is an officer or employee of the state or of a public school and who, in accordance with the policie…

A. A state agency or public school that provides eligible employees with sick leave for an eligible employee's own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the sam…

A. The provisions of the Public Employee Caregiver Leave Act shall not apply to any employment expressly exempted under rules adopted by the state personnel office or any other state agency. B. Nothing in the Public Employee Caregiver Leave Act shall be construed to invalidate, d…

Sections 1 through 4 [10-16I-1 to 10-16I-4 NMSA 1978] of this act may be cited as the "Nondisclosure of Sensitive Personal Information Act". History: Laws 2025, ch. 138, § 1.

As used in the Nondisclosure of Sensitive Personal Information Act: A. "sensitive personal information" means an individual's: (1) status as a recipient of public assistance or as a crime victim; (2) sexual orientation, gender identity, physical or mental disability, medical cond…

A state agency employee shall not intentionally disclose sensitive personal information acquired by virtue of the employee's position with a state agency to anyone outside the state agency except when such disclosure is: A. necessary to carry out a function of the state agency; B…

The attorney general, a district attorney and the state ethics commission may institute a civil action in district court if a violation has occurred or to prevent a violation of the Nondisclosure of Sensitive Personal Information Act. Penalties for a violation of that act shall b…

summary of minutes; contents.] That on or before the 10th [tenth] day of each month there shall be prepared by each board of county commissioners in this state, by the council, commission or trustees of every city, town or village in this state, and by every board of education in…

execution.] Such prosecution shall be brought for the whole sum due and the interest accrued, and it shall be sufficient to prove the amount of the debt, and the fact that the securities were the securities of the said officer or individual prosecuted, and judgment shall be given…

evidence.] When any party shall be liable to be prosecuted under the provisions of this and the two preceding sections [10-17-9, 10-17-10 NMSA 1978], it shall be the duty of the district attorney to immediately commence a suit in favor of the state against said party and his secu…

When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful [willful] neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be d…

newspapers.] Such summary of minutes shall be filed with the clerk of each board mentioned in Section 1 [10-17-1 NMSA 1978] hereof and such summary shall be a public record and open to inspection of the public, provided, however, that a copy thereof shall be by the board or commi…

On or before the 10th [tenth] day of each month there may be published in a legal newspaper published in the county where such board or commission is situated, by the council, commission or trustees of every city, town or village in this state, and by every board of education in …

statements; audit. All county and precinct officers except justices of the peace shall file monthly statements with the county clerk on the first Monday of each month, showing in detail the amounts of all public money received and disbursed by them. The statements shall be verifi…

successors; exception.] All public officers of this state who may have received lawbooks, as such officers, are hereby required to turn over the same to their successors, as also the records and all other documents relative to their respective offices: provided, that the members …

ANNOTATIONS Repeals. — Laws 1978, ch. 130, § 5, repealed 5-6-10, 1953 Comp. (10-17-6 NMSA 1978), relating to delivery of supreme court reports and statutes, effective March 6, 1978.

prohibited.] It shall hereafter be unlawful for any state official, district attorney, board of county commissioners or other official charged with the collection of any indebtedness, or the prosecution of any suit for the collection of any indebtedness due to, or claimed by the …

payment; limitation of action.] Any compromise, satisfaction or discharge of indebtedness prohibited by the preceding section [10-17-7 NMSA 1978] of this article is hereby declared to be invalid, and shall not be held a bar to any suit for the collection thereof, and suit may be …

purpose.] Whenever any revenue officer or other person responsible for public money has neglected or refused or shall in future neglect or refuse to pay over to the state treasurer the sum or balance for which he is accountable, and which is due to the state, upon the settlement …