SENATE BILL 344

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Dede Feldman

AN ACT

RELATING TO PROCUREMENT; REQUIRING DISCLOSURE OF CAMPAIGN CONTRIBUTIONS BY PROSPECTIVE CONTRACTORS FOR CERTAIN CONTRACTS ENTERED INTO PURSUANT TO THE PROCUREMENT CODE; PROHIBITING CAMPAIGN CONTRIBUTIONS OR GIVING OTHER THINGS OF VALUE DURING THE PROCUREMENT PROCESS FOR CERTAIN CONTRACTS; DECLARING AN EMERGENCY.

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

     Section 1. A new section of the Procurement Code is enacted to read:

     "[NEW MATERIAL] CAMPAIGN CONTRIBUTION DISCLOSURE AND PROHIBITION.--

          A. This section applies to prospective contractors with the state or a local public body.

          B. A prospective contractor subject to this section shall disclose all campaign contributions given to an applicable public official of the state or a local public body during the two years prior to the date on which a proposal is submitted or, in the case of a sole source or small purchase contract, the two years prior to the date on which the contractor signs the contract, if the aggregate total of contributions to the public official exceeds two hundred fifty dollars ($250) over the two-year period.

          C. The disclosure shall indicate the date, the amount, the nature and the purpose of the contribution. The disclosure statement shall be on a form developed and made available electronically by the department of finance and administration to all state agencies and local public bodies. The form shall be filed with the state agency or local public body as part of the competitive sealed proposal, or in the case of a sole source or small purchase contract, on the date on which the contractor signs the contract.

          D. A prospective contractor submitting a disclosure statement pursuant to this section who has not contributed to an applicable public official shall make a statement that no contribution was made.

          E. No campaign contribution or other thing of value shall be given by a potential contractor to an applicable public official or the applicable public official's employees during the pendency of the procurement process, including during the pendency of negotiations for a sole source or small purchase contract.

          F. A solicitation or proposed award for a proposed contract shall be canceled or a contract that is executed is void if a prospective contractor:

                (1) fails to submit a fully completed disclosure statement pursuant to this section; or

                (2) gives a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process.

          G. As used in this section:

                (1) "applicable public official" means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal; and

                (2) "prospective contractor" means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or small purchase contract."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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