HOUSE BILL 160

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; AMENDING THE GIFT ACT TO DECREASE THE MAXIMUM ALLOWABLE AMOUNT OF GIFTS ACCEPTED OR DONATED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 10-16B-1 NMSA 1978 (being Laws 2007, Chapter 226, Section 1) is amended to read:

     "10-16B-1. SHORT TITLE.--[This act] Chapter 10, Article 16B NMSA 1978 may be cited as the "Gift Act".

     Section 2. Section 10-16B-3 NMSA 1978 (being Laws 2007, Chapter 226, Section 3) is amended to read:

     "10-16B-3. LIMITATION ON GIFTS.--

          A. A state officer or employee or a candidate for state office, or that person's family, shall not knowingly accept from a restricted donor, and a restricted donor shall not knowingly donate to a state officer or employee or a candidate for state office, or that person's family, a gift of a market value greater than [two hundred fifty dollars ($250)] twenty-five dollars ($25.00).

          B. A lobbyist registered with the secretary of state, the lobbyist's employer or a government contractor shall not donate gifts of an aggregate market value greater than [one thousand dollars ($1,000)] one hundred dollars ($100) in a calendar year to any one state officer or employee or to any one candidate for state office.

          C. A state officer or employee shall not solicit gifts for a charity from a business or corporation regulated

by the state agency for which the state officer or employee works and shall not otherwise solicit donations for a charity in such a manner that it appears that the purpose of the donor in making the gift is to influence the state officer or employee in the performance of an official duty."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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