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Home » US Law » 2021 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”.

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) […]

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 […]

Section 10-16A-6 – Investigations; fines; enforcement.

A. The state ethics commission may conduct thorough examinations of statements and initiate investigations to determine whether the Financial Disclosure Act has been violated. Any person who believes that act has been violated may file a written complaint with the state ethics commission. The commission shall adopt procedures for processing complaints and notifications of violations. […]

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 […]

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 […]

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, […]