HOUSE BILL 553

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Larry A. Larrañaga

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; PROHIBITING A PUBLIC OFFICER, EMPLOYEE OR AGENT FROM SOLICITING A PERSON TO MAKE A CONTRIBUTION AS A CONDITION FOR DOING BUSINESS WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE; REQUIRING PERSONS TO REPORT CONTRIBUTIONS SOLICITED BY A PUBLIC OFFICER, EMPLOYEE OR AGENT; PROVIDING FOR PENALTIES.

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

     Section 1. UNLAWFUL CONTRIBUTIONS--PENALTY.--

          A. A public officer or employee, or an agent of either, shall not directly or indirectly solicit a person to make a contribution to another person as a condition for doing business with the state or a political subdivision of the state.

          B. A person who is solicited to make a contribution to another person as a condition for doing business with the state or a political subdivision of the state shall report any contribution solicited by a state officer or employee, or an agent of either. The report shall be made to the attorney general within thirty days of the contribution and shall contain the following information:

                (1) the name of the person soliciting the contribution and date the solicitation was made;

                (2) the name and address of the person that received the contribution; and

                (3) the amount of the contribution.

          C. A person who violates the provisions of Subsection A or B of this section when the amount of the solicited contribution is one hundred dollars ($100) or less is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          D. A person who violates the provisions of Subsection A or B of this section when the amount of the solicited contribution is greater than one hundred dollars ($100) is guilty of a fourth degree felony and upon a conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          E. As used in this section:

                (1) "doing business with" means entering into an agreement to provide goods or services or to purchase, sell or lease an interest in property;

                (2) "person" means an individual or legal entity; and

                (3) "public officer or employee" means any person who has been elected to, appointed to or hired for any state office or office of a political subdivision of the state and who receives compensation in the form of salary or is eligible for per diem or mileage.

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