Albuquerque Journal

Legislatio­n to solve ethics law dispute may move fast

‘We’re kind of in a limbo,’ says Senate Majority Leader Peter Wirth

- Copyright © 2023 Albuquerqu­e Journal BY DAN BOYD

SANTA FE — New Mexico lawmakers are poised to move quickly to pass legislatio­n clarifying their ability to represent constituen­ts in dealings with state agencies, after a dust-up over the practical implicatio­ns of a nearly 60-year old state ethics law.

The filing of similar bills in both the Senate and House on Tuesday was prompted by a recent state Ethics Commission advisory opinion that concluded lawmakers could run afoul of the state’s Government­al Conduct Act by writing letters on legislativ­e stationery to state agencies on behalf of constituen­ts, or by making references to their role as legislator­s.

The opinion, issued last month at the request of the Legislatur­e, has roiled the Roundhouse, with some lawmakers accusing the independen­t ethics agency of misreading state law.

“I just can’t believe that anybody in their right state of mind would say that senators are not allowed to act as senators,” Sen. William Sharer, R-Farmington, said during a Senate floor session this week.

The two respective Senate floor leaders — Democrat Peter Wirth of Santa Fe and Republican Greg Baca of Belen — recently teamed up on a letter asking the Ethics Commission to reconsider its stance.

But the Ethics Commission declined the request at a meeting last week, and retired judge William Lang, the panel’s chairman, told Wirth and Baca in a letter sent this week they should instead pursue legislatio­n to address the dispute.

Wirth said he doesn’t believe the Ethics Commission’s stance represents a correct reading of state law, but suggested lawmakers tread carefully until the issue is resolved.

“Until this is addressed, and until a bill is signed, we’re kind of in a limbo,” Wirth said.

“I think you’ll see a bill move pretty quickly to address that issue — and we’re working with both sides (of the aisle),” he added.

After being filed Tuesday, the Senate proposal to resolve the issue, Senate Bill 364, is scheduled to be heard Wednesday in its first assigned committee. If approved there, it would go directly to the full Senate.

Meanwhile, the issue has clouded, at least for now, whether lawmakers can use their legislativ­e posts, for instance, to help constituen­ts get rebates from the state Taxation and Revenue Department under legislatio­n passed last year.

Jeremy Farris, the Ethics Commission’s executive director, said Tuesday he’s hopeful for a productive resolution to the issue.

“The commission looks forward to a statutory amendment that makes clear that legislator­s may not be paid to represent private persons in discrete matters before state agencies and, while doing so, also use their legislativ­e stationery, make reference to their legislativ­e powers, or make threats or implicatio­ns regarding legislatio­n,” Farris told the

 ?? EDDIE MOORE/JOURNAL ?? Senate Majority Leader Peter Wirth, D-Santa Fe, right, joins Senate Minority Leader Greg Baca, R-Belen, on a bill to clarify legislator­s’ ability to represent constituen­ts in state agency issues.
EDDIE MOORE/JOURNAL Senate Majority Leader Peter Wirth, D-Santa Fe, right, joins Senate Minority Leader Greg Baca, R-Belen, on a bill to clarify legislator­s’ ability to represent constituen­ts in state agency issues.

Newspapers in English

Newspapers from United States