Merit Institute Merit

The New Mexico Government Transparency & Performance Act (NM-GT&P)

New Mexico state companion to GT&P. Strengthens the Inspection of Public Records Act, inspector-general independence, and extends state-law whistleblower rewards under the Fraud Against Taxpayers Act (NMSA 1978 Sec. 44-9-1 et seq.).

THE NEW MEXICO GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (NM-GT&P)

Vehicle: State passage. New Mexico Legislature, regular session. Primary referral to House / Senate Judiciary / Government, Elections and Indian Affairs.

SECTION 1. SHORT TITLE

This Act may be cited as the “New Mexico Government Transparency & Performance Act (NM-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that the Inspection of Public Records Act operates under NMSA 1978 Sec. 14-2-1 et seq.; that State agencies operate under various inspector-general and audit frameworks, including the State Auditor Act, NMSA 1978 Sec. 12-6-1 et seq.; and that the Fraud Against Taxpayers Act, NMSA 1978 Sec. 44-9-1 et seq., authorizes qui tam relators. This Act extends these frameworks consistent with collective bargaining and merit-system protections.

TITLE I — DEFINITIONS & COORDINATION WITH NEW MEXICO LAW

Sec. 101. Definitions

  1. (a) “IPRA” means the Inspection of Public Records Act, NMSA 1978 Sec. 14-2-1 et seq.
  2. (b) “FATA” means the Fraud Against Taxpayers Act, NMSA 1978 Sec. 44-9-1 et seq.
  3. (c) “State performance data” means outcome measures published by State agencies.

Sec. 102. Coordination with Existing New Mexico Law

  1. (a) Consistent with:
  • NMSA 1978 Sec. 14-2-1 et seq. (IPRA).
  • NMSA 1978 Sec. 44-9-1 et seq. (FATA).
  • NMSA 1978 Sec. 10-16C-1 et seq. (Whistleblower Protection Act).
  • Public employee bargaining under NMSA 1978 Sec. 10-7E-1 et seq.

TITLE II — STATE PERFORMANCE DASHBOARD

Sec. 201. Dashboard

  1. (a) The Department of Finance and Administration shall publish a New Mexico Performance Dashboard in machine-readable form, updated at least quarterly, crosswalked to Federal FPD.

TITLE III — OPEN RECORDS

Sec. 301. IPRA Strengthening

  1. (a) Reduce response time to 3 business days for acknowledgment and 15 business days for production absent extraordinary circumstances under NMSA 1978 Sec. 14-2-8.
  2. (b) Mandatory fee waivers for public-interest requesters under NMSA 1978 Sec. 14-2-9.
  3. (c) Attorney General enforcement expanded consistent with NMSA 1978 Sec. 14-2-12.

TITLE IV — INSPECTOR-GENERAL INDEPENDENCE

Sec. 401. Inspector-General Protections

  1. (a) Removal for cause only; findings reported to Presiding Officers.
  2. (b) Budgetary and staffing independence for the State Auditor under NMSA 1978 Sec. 12-6-1 et seq. and agency inspectors general.

TITLE V — WHISTLEBLOWER AND QUI TAM

Sec. 501. FATA Strengthening

  1. (a) Amendments to NMSA 1978 Sec. 44-9-1 et seq. to (i) confirm relator share ranges, (ii) strengthen retaliation remedies under the Whistleblower Protection Act, (iii) clarify public-disclosure bar.
  2. (b) Full collective-bargaining protections preserved under NMSA 1978 Sec. 10-7E-1 et seq.

TITLE VI — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 601. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 602. Effective Date

This Act shall take effect on July 1 of the year following enactment.

Canonical federal version: GT&P. Other New Mexico bills: NM-ACSA, NM-MEWRA, NM-AI-Workforce.