SENATE BILL 48
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Timothy M. Keller
AN ACT
RELATING TO STATE CONTRACTS; PROHIBITING CERTAIN CONTRIBUTIONS AND SOLICITATIONS OF CONTRIBUTIONS BY STATE CONTRACTORS AND THE PRINCIPALS OF STATE CONTRACTORS; PROHIBITING CERTAIN CONTRIBUTIONS AND SOLICITATIONS OF CONTRIBUTIONS BY PROSPECTIVE STATE CONTRACTORS AND THE PRINCIPALS OF PROSPECTIVE STATE CONTRACTORS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAWS IN LAWS 2009; REPEALING LAWS 2009, CHAPTER 68, SECTION 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Campaign Reporting Act is enacted to read:
"[NEW MATERIAL] STATE CONTRACTORS--CONTRIBUTIONS FOR CANDIDATES AND CERTAIN POLITICAL COMMITTEES PROHIBITED.--
A. A principal of a state contractor or prospective state contractor shall not make a contribution to or solicit contributions on behalf of:
(1) a candidate for nomination or election to a state public office or a campaign committee established by the candidate; or
(2) a political committee:
(a) established by a state public officer or an agent of the state public officer or in consultation with or at the request or suggestion of the state officer or an agent of the state officer; or
(b) controlled by a state public officer or an agent of the state public officer to aid or promote the nomination or election of any candidate or candidates to a state office.
B. A candidate or political committee described in Subsection A of this section shall not accept or solicit a contribution prohibited by that subsection.
C. If a principal of a state contractor makes or solicits a contribution prohibited by Subsection A of this section, the contracting agency of the state may, in the case of a state contract executed on or after the effective date of this section, void the existing contract with that contractor, and no state agency or instrumentality of the state shall award that state contractor a state contract or an extension or amendment to a state contract for two years after the election for which the contribution is made or solicited. Each state contract shall include the provisions of this subsection and Subsection A of this section as conditions of the contract.
D. The provisions of this section shall not restrict a principal of a state contractor or prospective state contractor from establishing a campaign committee for the principal's own campaign or from soliciting contributions from persons not prohibited from making contributions by this section."
Section 2. Section 1-19-26 NMSA 1978 (being Laws 1979, Chapter 360, Section 2, as amended) is amended to read:
"1-19-26. DEFINITIONS.--As used in the Campaign Reporting Act:
A. "advertising campaign" means an advertisement or series of advertisements used for a political purpose and disseminated to the public either in print, by radio or television broadcast or by any other electronic means, including telephonic communications, and may include direct or bulk mailings of printed materials;
B. "anonymous contribution" means a contribution the contributor of which is unknown to the candidate or the candidate's agent or the political committee or its agent who accepts the contribution;
C. "bank account" means an account in a financial institution located in New Mexico;
D. "business entity" includes, whether organized inside or outside of New Mexico, a sole proprietorship, a partnership, a joint venture, a limited liability company, a corporation and any other association, organization or entity that is engaged in the operation of a business or profit-making activity;
[D.] E. "campaign committee" means two or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office;
[E.] F. "candidate" means an individual who seeks or considers an office in an election covered by the Campaign Reporting Act, including a public official, who either has filed a declaration of candidacy or nominating petition or:
(1) for a non-statewide office, has received contributions or made expenditures of one thousand dollars ($1,000) or more or authorized another person or campaign committee to receive contributions or make expenditures of one thousand dollars ($1,000) or more for the purpose of seeking election to the office; or
(2) for a statewide office, has received contributions or made expenditures of two thousand five hundred dollars ($2,500) or more or authorized another person or campaign committee to receive contributions or make expenditures of two thousand five hundred dollars ($2,500) or more for the purpose of seeking election to the office or for candidacy exploration purposes in the years prior to the year of the election;
[F.] G. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign, but "contribution" does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;
[G.] H. "deliver" or "delivery" means to deliver by certified or registered mail, telecopier, electronic transmission or facsimile or by personal service;
[H.] I. "election" means any primary, general or statewide special election in New Mexico and includes county and judicial retention elections but excludes municipal, school board and special district elections;
[I.] J. "election year" means an even-numbered year in which an election covered by the Campaign Reporting Act is held;
[J.] K. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a political purpose, including payment of a debt incurred in an election campaign or pre-primary convention, but does not include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;
[K.] L. "person" means an individual or entity;
[L.] M. "political committee" means two or more persons, other than members of a candidate's immediate family or campaign committee or a husband and wife who make a contribution out of a joint account, who are selected, appointed, chosen, associated, organized or operated primarily for a political purpose; and "political committee" includes:
(1) political parties, political action committees or similar organizations composed of employees or members of any corporation, labor organization, trade or professional association or any other similar group that raises, collects, expends or contributes money or any other thing of value for a political purpose;
(2) a single individual whose actions represent that the individual is a political committee; and
(3) a person or an organization of two or more persons that within one calendar year expends funds in excess of five hundred dollars ($500) to conduct an advertising campaign for a political purpose;
[M.] N. "political purpose" means influencing or attempting to influence an election or pre-primary convention, including a constitutional amendment or other question submitted to the voters;
[N.] O. "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state;
P. "principal of a state contractor or prospective state contractor" means, in addition to the state contractor:
(1) a person who is a member of the board of directors of, or has an ownership interest in, a state contractor or prospective state contractor, except for a person who owns less than five percent of the shares of a state contractor or prospective state contractor that is a publicly traded corporation;
(2) a person who is employed as president, treasurer, executive vice president or senior vice president of a state contractor or prospective state contractor that is a business entity;
(3) a person who is the chief executive officer of a state contractor or prospective state contractor;
(4) an employee of a state contractor or prospective state contractor who has managerial or discretionary responsibilities with respect to a state contract;
(5) the spouse or a dependent child of a person described in Paragraphs (1) through (4) of this subsection; or
(6) a political committee established by or on behalf of a person described in this subsection;
[O.] Q. "proper filing officer" means either the secretary of state or the county clerk as provided in Section 1-19-27 NMSA 1978;
R. "prospective state contractor" means a person, including a business entity or nonprofit organization, that responds to a solicitation for or seeks a state contract; but "prospective state contractor" does not include the state or a political subdivision of the state or any full-time or part-time employee of the state or a political subdivision of the state, in that person's capacity as an employee of the state or a political subdivision of the state;
[P.] S. "public office" means an office that is subject to an election covered by the Campaign Reporting Act;
T. "public officer" or "public official" means a person elected to an office in an election covered by the Campaign Reporting Act or a person appointed to [an] a public office; [that is subject to an election covered by that act; and
Q.] U. "reporting individual" means every public official, candidate or treasurer of a campaign committee and every treasurer of a political committee;
V. "state agency" means an office, department, board, council, commission, institution or other agency in the executive branch of state government;
W. "state contract" means an agreement or transaction with a state agency or instrumentality of the state having a value of fifty thousand dollars ($50,000) or more, or a combination or series of such agreements or transactions having a value of fifty thousand dollars ($50,000) or more, in a fiscal year for:
(1) the rendition of services, including professional services and financial services;
(2) the furnishing of any material, supplies or equipment;
(3) the construction, alteration or repair of any public building or public work;
(4) the acquisition, sale or lease of any land or building;
(5) a licensing arrangement;
(6) a loan or loan guarantee; or
(7) the purchase or sale of financial securities or instruments or the investment of public money;
X. "state contractor" means a person, including a business entity or nonprofit organization, that enters into a state contract, which person shall be deemed to be a state contractor until the termination of the contract; but "state contractor" does not include the state or a political subdivision of the state or any full-time or part-time employee of the state or a political subdivision of the state, in that person's capacity as an employee of the state or political subdivision of the state;
Y. "state public office" means the office of governor, lieutenant governor, attorney general, state treasurer, state auditor, secretary of state, commissioner of public lands, public regulation commissioner, state senator or state representative; and
Z. "state public officer" means a person elected to or appointed to a state public office."
Section 3. REPEAL.--Laws 2009, Chapter 68, Section 2 is repealed.
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