45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO SURETYSHIP; PROHIBITING DIRECTED SURETYSHIP; PRESCRIBING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. DIRECTED SURETYSHIP PROHIBITED--PENALTY FOR VIOLATION.--
A. An employee of the state or its political subdivisions, or a person acting or purporting to act on behalf of that employee, shall not require a bidder or proposer in any procurement pursuant to the Procurement Code for a construction contract to make application or furnish financial data for a surety bond or obtain a surety bond from a particular surety company, insurance company, broker or agent in connection with the bid or proposal.
B. A person who violates the prohibition of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.