SENATE BILL 347

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Stephen H. Fischmann

AN ACT

RELATING TO ELECTIONS; PROHIBITING CERTAIN CONTRIBUTIONS AND SOLICITATIONS OF CONTRIBUTIONS BY PERSONS CONTRACTING WITH THE STATE LAND OFFICE; PROHIBITING CERTAIN CONTRACTS; PROVIDING PENALTIES.

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] CERTAIN CONTRIBUTIONS TO CANDIDATES FOR COMMISSIONER OF PUBLIC LANDS PROHIBITED--CERTAIN CONTRACTS PROHIBITED.--

          A. A person that contracts with the state land office shall not make a contribution to or solicit contributions on behalf of:

                (1) a candidate for nomination or election to the office of commissioner of public lands or a campaign committee established by the candidate; or

                (2) a political committee:

                     (a) established by the commissioner of public lands or an agent of the commissioner or in consultation with or at the request of the commissioner or an agent of the commissioner; or

                     (b) controlled by the commissioner of public lands or an agent of the commissioner 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. A person who makes a contribution to or solicits contributions on behalf of a candidate or political committee described in Paragraph (1) or (2) of Subsection A of this section shall not be eligible to enter into a contract with the state land office:

                (1) for the five-year period following the date that the contribution or solicitation was made; and

                (2) until one year following the expiration of the term of the commissioner of public lands if the candidate to whom the person made the prohibited contribution is elected to and remains in office after that five-year period has run.          D. For the purposes of this section, "person that contracts with the state land office" means an individual or other legal entity that has a current contract, or, beginning on or after July 1, 2013, within the previous two years has entered into a contract with the commissioner of public lands that has a total value of one hundred thousand dollars ($100,000) or more for:

                (1) the lease or other use of state land, including but not limited to a grazing lease, a lease for the development of oil and gas or other minerals, a business lease, a planning lease, a commercial development agreement or a grant of right of way, but not including a recreational permit or other grant of temporary access for which the consideration exchanged is of no or minimal value;

                (2) the purchase or exchange of state land; or

                (3) the rendition of services, including professional services and financial services, or the furnishing of any material, supplies or equipment.

          E. In addition to any other penalty provided for in the Campaign Reporting Act for a violation of the provisions of that act, a contract with a person who has made a contribution prohibited by this section may be rescinded if it is in the best interests of the state; provided that a contract for the sale or exchange of land that has been completed shall not be subject to rescission.

          F. Any contribution made in violation of the provisions of this section shall be forfeited and deposited in the current school fund."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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