Prohibited contributions; financial service contractors.

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A. A business that contracts with a state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects shall not knowingly contribute anything of value to a public officer or employee of that state agency or local government agency who has authority over the investment of public money or issuance of bonds, the revenue of which is used for public projects in the state.

B. A public officer or employee of a state agency or local government agency that has authority over the investment of public money or issuance of bonds, the revenue of which is used for public projects in the state, shall not knowingly accept a contribution of anything of value from a business that contracts with that state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects.

C. For the purposes of this section:

(1) "anything of value" means any money, property, service, loan or promise, but does not include food and refreshments with a value of less than one hundred dollars ($100) consumed in a day; and

(2) "contribution" means a donation or transfer to a recipient for the personal use of the recipient, without commensurate consideration.

History: Laws 2007, ch. 362, § 11; 2011, ch. 138, § 12.

ANNOTATIONS

The 2011 amendment, effective July 1, 2011, prohibited contribution by business to public officers and employees of local government agencies and the acceptance of contributions be such officers and employees.

Bond attorneys. — Subsection A of Section 10-16-3.3 NMSA 1978, which limits contributions to state officers and employees by businesses that provide financial services, does not apply to attorneys who provide legal services to the state in connection with its bond offerings. 2007 Op. Att'y Gen. No. 07-04.


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