N.M. Admin. Code § 1.10.31.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 1.10.31.8 - REQUIRED DISCLOSURES

A. The proper filing officer for filing a FDS is the secretary of state. The secretary of state has prescribed the use of an electronic filing system which shall be used by all persons required to file a FDS. Paper form submissions will not be accepted.

B. Contact information (Section 1). The filer shall disclose the filer's full name, residential address, and mailing address on the FDS. If a filer is currently married, the filer shall disclose the full name of the filer's spouse on the FDS.

C. Current filing status (Section 2). The FDS shall disclose:

(1) if the filer is a candidate or public official, the name of the office held or sought and the start date of the first term of office held or sought;

(2) if the filer is a state agency head, the name of the agency and the first day the filer held the position of state agency head;

(3) if the filer is a member of a board or commission, the name of the board or commission and the first day the filer held the position as a board or commission member;

(4) if the filer is a member of the insurance nominating committee or member of the state ethics commission, the name of the commission and the first day the filer held the position on the commission; or

(5) if the filer is an employee of the state and is required to file pursuant to Subsection A of Section 10-16A-4 NMSA 1978, the name of the state agency and the first day the filer held a position at the state agency.

D. Employer information (Section 3). The filer shall disclose the employer's name, phone number, address, title, and nature of business or occupation for every employer of the filer on the FDS. The filer shall include the filer's current employer(s) and any previous employer(s) from the prior calendar year.

E. Spouse's employer information (Section 4). If the filer is married, the filer shall disclose the employer's name, phone number, address, title, and nature of business or occupation for every employer of the filer's spouse on the FDS. The filer shall include the current employer(s) and any previous employer(s) from the prior calendar year.

F. Sources of gross income over $5,000 (Section 5). The filer shall disclose all sources of gross income over $5,000 during the prior calendar year for the filer and the filer's spouse listed by income source and whether the income was earned by the filer or the filer's spouse on the FDS. For example, if the filer makes over $5,000 on two different real estate holdings, the filer must list the income source category of "real estate" once. If both the filer and the filer's spouse each earn an income source from the same category, the filer shall list one line item for each, the filer and the filer's spouse. In the case that a single income source is earned jointly, the filer shall list the income source once and list the filer as the income holder.

G. Law practice, consulting operation, or similar business (Section 6). If a filer or filer's spouse is employed as an attorney or a consultant, the filer shall describe each major area of specialization for the filer and filer's spouse. Using the general term of "law" or "consulting" is not descriptive enough for this section of the FDS. The filer shall use the income sources listed pursuant to Paragraph (2) of Subsection D of Section 10-16A-3 NMSA 1978 or a description that is equally or more descriptive.

H. Lobbying clients (Section 7). If a filer, filer's spouse, or other person associated with a business interest of the filer or filer's spouse is a registered lobbyist in the current or prior calendar year, the filer shall disclose the following on the FDS:

(1) the name of the lobbyist; and

(2) the name and address of the client represented by the lobbyist.

I. Real estate owned in New Mexico (Section 8). The filer shall disclose a general description of the type of property and the county in which it is located for all real estate owned by the filer and the filer's spouse in New Mexico other than the filer's personal residence. If a property is owned jointly with other persons, the filer shall list the owner as the filer on the FDS. The use of "house," "farmland," or "vacant lot" are acceptable examples of a general description pursuant to this section.

J. Other New Mexico business interests over $10,000 (Section 9). The filer shall disclose all business interests not already listed in another section of the FDS for the filer and the filer's spouse. The information required for a business interest is the name of the business, the position held by the filer or filer's spouse, a description of the business purpose, and whether the business interest is that of the filer or the filer's spouse. If both the filer and the filer's spouse hold a business interest in the same business, the filer shall make an entry for each person on the FDS for that business.

K. For-profit board membership (Section 10). The filer shall disclose the name of all for-profit business(es) for which the filer or the filer's spouse are a board member regardless of any financial interest.

L. New Mexico professional licenses (Section 11). The filer shall disclose the type of license(s) held at the time the FDS is filed by the filer or the filer's spouse.

M. Goods or services to state agency over $5,000 (Section 12). The filer shall disclose the name of every state agency that the filer or filer's spouse provided over $5,000 in goods or services in the prior calendar year.

N. State agency representation (Section 13). The filer shall disclose the name of every state agency, other than a court, in which a person listed on the FDS either represented or assisted clients in the course of the filer's employment in the prior calendar year.

O. General information/memo field (Section 14). The filer may provide further details regarding any financial or business interests not otherwise disclosed on the FDS.

P. This rule shall not be construed to prohibit a filer from disclosing more information than is required on their FDS.

Q. The FDS shall be electronically signed by the filer under penalty of perjury that the information provided is true, accurate and complete to the best of the filer's knowledge.

N.M. Admin. Code § 1.10.31.8

Adopted by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 1/1/2022