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F I S C A L I M P A C T R E P O R T

SPONSOR Bratton

ORIGINAL DATE

LAST UPDATED

2/6/2006

HB 582

SHORT TITLE Public Official Contribution Solicitation

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

None

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

General Services Department (GSD)

Administrative Office of the Courts (AOC)

Corrections Department (CD)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

House Bill 582 makes it unlawful for any public officer/employee (or an agent) to directly or in-

directly solicit a person to contribute to another person as a condition of doing business with the

state or political subdivision of the state. The person who was solicited shall report it to the

AGO within 30 days and provide the: (a) name of solicitor: (b) date of action; (c) name and ad-

dress of the person who received the contribution; and (d) amount of the contribution.

The bill defines the following terms:

•

“doing business with”

•

“person”

•

“public officer or employee”

A person who knowingly violates this bill is subject to a fourth degree felony.

House Bill 582 - Page 2

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documenta-

tion of statutory changes. Any additional fiscal impact on the judiciary would be proportional to

the enforcement of this law and commenced prosecutions. New laws, amendments to existing

laws, and new hearings have the potential to increase caseloads in the courts, thus requiring addi-

tional resources to handle the increase.

SIGNIFICANT ISSUES

House Bill 582 requires a person solicited to report a contribution solicited within 30 days of the

contribution.

The bill does not contain a definition of “agent” nor does it refer to any existing statutory defini-

tion. in addition, it does not contain a definition of “indirectly solicit”.

POSSIBLE QUESTIONS

Does it make sense to require a person to report a solicitation within 30 days of the solicitation

rather than the within 30 days of a contribution. Alternatively, is it necessary that an actual con-

tribution be made in order to establish evidence of the solicitation.

Is it a fourth degree felony both to solicit and to fail to report a solicited contribution.

Should this bill be an amendment to the existing Governmental Conduct Act, NMSA 1978, Sec-

tion 10-16-1 et seq.

Is the act of making a contribution a necessary element of the crime.

Does the bill prohibit a person from soliciting another person to contribute to the solicitor.

BMC/mt