A BILL

59TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2027

INTRODUCED BY

FOR AN ACT RELATING TO STATE GOVERNMENT; ESTABLISHING THE NEW MEXICO INVESTIGATIVE AUTHORITY; PROVIDING FOR ITS COMPOSITION, POWERS, DUTIES, AND FUNDING; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

 

SECTION 1. SHORT TITLE.--This act may be cited as the "New Mexico Investigative Authority Act".

 

SECTION 2. PURPOSE.--The purpose of the New Mexico Investigative Authority Act is to create an independent tribunal to oversee investigations across all branches of state government, law enforcement agencies, and state-funded entities, including but not limited to Boards, Departments, Authorities, Institutions, Organizations, etc.; to ensure proper handling of investigations, accountability for actions or inactions, and transparency; to review internal affairs investigations; and to investigate complaints involving rights violations, corruption, miscarriages of justice, ethics violations, and related matters.

 

SECTION 3. DEFINITIONS.--As used in the New Mexico Investigative Authority Act:

A. "authority" means the New Mexico investigative authority;

B. "law enforcement agency" means any state, county, or municipal police department, sheriff's office, or other entity authorized to enforce laws within the state;

C. "rights violations" means any alleged infringement of constitutional, statutory, or civil rights protected under federal or state law;

D. "state-funded entity" means any agency, board, commission, institution, or organization that receives funding from the state; and

E. "tribunal" means the three-member body that constitutes the authority.

 

SECTION 4. CREATION OF THE NEW MEXICO INVESTIGATIVE AUTHORITY.--

A. The New Mexico investigative authority is created as an independent state agency.

B. The authority shall oversee all three branches of state government, law enforcement agencies, and state-funded entities to ensure that investigations are handled appropriately. When investigations are not handled appropriately, the authority shall take actions to hold responsible parties accountable for their actions or inactions and to promote transparency.

C. The authority shall review all internal affairs investigations involving the judiciary, executive branch, legislative branch, and any law enforcement agencies within the state.

D. The authority shall investigate criminal complaints related to rights violations, corruption, miscarriages of justice, ethics violations, and similar matters.

E. For each complaint received, the authority shall issue a public statement indicating whether an investigation will be pursued and specifying which jurisdiction or entity is responsible for handling it.

 

SECTION 5. COMPOSITION AND TERMS OF THE TRIBUNAL.--

A. The authority shall be governed by a tribunal consisting of three members.

B. Each member shall serve a single six-year term and shall not be eligible for reappointment or reelection.

C. Terms shall be staggered such that one member's term expires every two years.

D. The chair of the tribunal shall be the member serving in the final two years of their term.

E. Members must be residents of New Mexico, at least thirty years of age, and possess relevant experience in law, investigations, public administration, or ethics. Members shall not hold any other public office or employment during their term.

 

SECTION 6. INITIAL APPOINTMENTS AND SUBSEQUENT ELECTIONS.--

A. The New Mexico Investigative Authority Act shall be introduced and take effect in the 2027 legislative session.

B. Upon the effective date of this act, the initial members of the tribunal shall be appointed as follows:

(1) one member appointed by the majority party in the legislature, whose term shall end on December 31, 2028;

(2) one member appointed by the minority party in the legislature, whose term shall end on December 31, 2030; and

(3) one member appointed by the governor, whose term shall end on December 31, 2032.

C. Subsequent members shall be elected in statewide general elections as follows:

(1) the first election shall occur during the 2028 general election for the seat originally appointed by the majority party;

(2) the 2030 general election for the seat originally appointed by the minority party; and

(3) the 2032 general election for the seat originally appointed by the governor.

D. Thereafter, elections shall continue on this staggered schedule every two years.

E. Elections shall be nonpartisan, and candidates must qualify by petition with signatures from at least one percent of registered voters in the state.

 

SECTION 7. POWERS AND DUTIES.--

A. The authority shall have the power to:

(1) subpoena witnesses, documents, and records;

(2) conduct hearings and investigations;

(3) refer matters to appropriate prosecutorial authorities for criminal action;

(4) issue public reports on findings and recommendations;

(5) impose administrative sanctions, including recommendations for removal from office or employment, subject to due process; and

(6) adopt rules necessary to carry out its duties.

B. The authority shall ensure all actions promote accountability, transparency, and the fair administration of justice.

C. The authority shall maintain confidentiality where required by law but shall prioritize public disclosure to the extent permissible.

 

SECTION 8. FUNDING AND COMPENSATION.--

A. There is appropriated from the general fund to the New Mexico investigative authority five million dollars ($5,000,000) annually for operating expenses, including staff, investigations, and administration.

B. Each member of the tribunal shall receive an annual salary of two hundred fifty thousand dollars ($250,000), plus per diem and mileage as provided in the Per Diem and Mileage Act.

C. The authority may hire staff as necessary, including investigators, attorneys, and administrative personnel.

 

SECTION 9. SEVERABILITY.--

If any part or application of the New Mexico Investigative Authority Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

 

SECTION 10. EFFECTIVE DATE.--

The effective date of the provisions of this act is July 1, 2027.

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(Last Edited & Published Oct. 2025)