HOUSE BILL 257

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Miguel P. Garcia

AN ACT

RELATING TO ELECTIONS; PROHIBITING CERTAIN CONTRIBUTIONS BY THE PRINCIPALS OF STATE CONTRACTORS AND PROSPECTIVE STATE CONTRACTORS.

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] PRINCIPALS OF STATE CONTRACTORS AND PROSPECTIVE STATE CONTRACTORS--PROHIBITED CONTRIBUTIONS.--

          A. A principal of a prospective state contractor shall not make a contribution to, or bundle contributions or sponsor or host a fundraiser for the benefit of, a candidate for a state public office that has administrative authority over a state agency that is soliciting a contract to which the prospective state contractor responds.

          B. During the term of the contract, a principal of a state contractor shall not make a contribution to, or bundle contributions or sponsor or host a fundraiser for the benefit of, a candidate for a state public office that has administrative authority over a state agency that has a state contract with that state contractor.

          C. The provisions of this section do not restrict a principal of a state contractor or prospective state contractor from contributing to the principal's own campaign for state public office.

          D. The provisions of this section supplement, and do not limit, the provisions of other statutes or agency rules that may further limit contributions from a principal of a state contractor or prospective state contractor."

     SECTION 2. A new section of the Campaign Reporting Act is enacted to read:

     "[NEW MATERIAL] ADDITIONAL DEFINITIONS.--As used in the Campaign Reporting Act:

          A. "principal of a state contractor or prospective state contractor" means, in addition to the state contractor or prospective state contractor itself:

                (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 the chief executive officer, president or equivalent top management position of a state contractor or prospective state contractor;

                (3) an agent seeking a state contract for a state contractor or prospective state contractor;

                (4) the spouse or a dependent child of a person described in Paragraphs (1) through (3) of this subsection; or

                (5) a political committee established by or on behalf of a person described in this subsection;

          B. "prospective state contractor" means a person that responds to a solicitation for or seeks a state contract until the contract has been entered into or the solicitation canceled; 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 or a health care professional providing services under a medicaid provider agreement;

          C. "state agency" means an office, department, board, council, commission, institution or other administrative division within a state public office;

          D. "state contract" means an agreement or transaction with a state agency having a value of sixty thousand dollars ($60,000) or more or a combination or series of such agreements or transactions having a value of sixty thousand dollars ($60,000) 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, building or other state resources;

                (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;

          E. "state contractor" means a person 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 or a health care professional providing services under a medicaid provider agreement; and

          F. "state public office" means the office of governor, lieutenant governor, attorney general, state treasurer, state auditor, secretary of state, commissioner of public lands or public regulation commissioner."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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