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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.

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:

"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 by

the prospective contractor or a family member or

representative of the prospective contractor 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 given by the prospective contractor or a family

member or representative of the prospective contractor to the

public official exceeds two hundred fifty dollars ($250) over

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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, whose family

members have not contributed to an applicable public official

or whose representatives have 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 prospective contractor or a family

member or representative of the prospective contractor to an

applicable public official or the applicable public

official's employees during the pendency of the procurement

process or during the pendency of negotiations for a sole

source or small purchase contract.

F. A solicitation or proposed award for a proposed

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contract shall be canceled or a contract that is executed is

void if:

(1) a prospective contractor fails to submit

a fully completed disclosure statement pursuant to this

section; or

(2) a prospective contractor or family

member or representative of the prospective contractor 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;

(2) "family member" means spouse, father,

mother, child, father-in-law, mother-in-law, daughter-in-law

or son-in-law;

(3) "pendency of the procurement process"

means the time period commencing with the public notice of

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the request for proposals and ending with the award of the

contract or the cancellation of the request for proposals;

(4) "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; and

(5) "representative of the prospective

contractor" means an officer or director of a corporation, a

member or manager of a limited liability corporation, a

partner of a partnership or a trustee of a trust of the

prospective contractor."