0001|                            HOUSE BILL 386
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            DANICE PICRAUX
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO POST-SECONDARY EDUCATION; AMENDING CERTAIN SECTIONS
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0012|     OF THE NMSA 1978 PERTAINING TO PROHIBITED TRANSACTIONS WITH
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0013|     STATE EDUCATIONAL INSTITUTIONS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 21-1-17 NMSA 1978 (being Laws 1889,
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0017|     Chapter 138, Section 68, as amended) is amended to read:
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0018|          "21-1-17.  INTEREST IN CONTRACTS BY BOARD MEMBERS OR
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0019|     EMPLOYEES PROHIBITED.--No employee or member of a board of
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0020|     regents of any state educational institution shall have any
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0021|     direct or indirect financial interest in any contract for
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0022|     building or improving any of that state educational institution
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0023|     or for the furnishing of supplies or services to that
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0024|     institution except as permitted pursuant to the University
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0025|     Research Park Act; <u>provided that an employee may have such an
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<u></u>0001| <u>    interest if the contract or transaction is in all respects
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<u></u>0002| <u>    consistent with the Governmental Conduct Act and is awarded
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<u></u>0003| <u>    pursuant to the Procurement Code</u>."
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0004|          Section 2.  Section 21-1-35 NMSA 1978 (being Laws 1923,
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0005|     Chapter 148, Section 1415, as amended) is amended to read:
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0006|          "21-1-35.  SALES BY BOARDS, OFFICERS OR EMPLOYEES
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0007|     PROHIBITED--PARTIES TO CONTRACTS RECEIVING COMMISSION OR
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0008|     PROFIT--PENALTY.--No board of regents of a state educational
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0009|     institution, no member of a board and no school official or
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0010|     teacher, either directly or indirectly, shall sell to any state
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0011|     educational institution that he is connected with by reason of
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0012|     being a member of a board of regents of a state educational
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0013|     institution or to any school official or teacher, any school
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0014|     books, school furniture, equipment, apparatus or any other kind
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0015|     of school supplies, sell property insurance or life insurance
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0016|     to any employee of that state educational institution or do any
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0017|     work under contract, nor shall any such board or members
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0018|     thereof or school officers or teachers receive any commission
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0019|     or profit on account thereof, and all such persons are pro-
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0020|     
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0021|     hibited from being parties directly or indirectly to any such
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0022|     contract or transaction; provided that the provisions of this
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0023|     section shall not apply to contracts entered into pursuant to
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0024|     the provisions of the University Research Park Act <u>nor to
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<u></u>0025| <u>    contracts or transactions in which employees have an interest
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<u></u>0001| <u>    if the contract or transaction is in all respects consistent
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<u></u>0002| <u>    with the Governmental Conduct Act and is awarded pursuant to
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<u></u>0003| <u>    the Procurement Code</u>.  Any person violating the provisions of
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0004|     this section shall be fined not exceeding one thousand dollars
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0005|     ($1,000) or imprisoned not exceeding one year <s>[in the
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<s></s>0006| <s>    penitentiary of New Mexico]</s> or be fined and imprisoned as set
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0007|     forth in this section in the discretion of the court."
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0008|                                  
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0009|                            State of New Mexico
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0010|                      House of Representatives
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0011|   
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0012|                      FORTY-THIRD LEGISLATURE
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0013|                        FIRST SESSION, 1997
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0014|   
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0015|   
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0016|                                               February 27, 1997
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0017|   
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0018|   
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0019|   Mr. Speaker:
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0020|   
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0021|        Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0022|   whom has been referred
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0023|   
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0024|                  HOUSE BILL 396, as amended
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0025|                               
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0001|   has had it under consideration and reports same with
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0002|   recommendation that it DO PASS.
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0003|   
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0004|                                 Respectfully submitted,
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0005|   
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0006|   
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0007|   
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0008|                                 <u>                                
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<u></u>0009| <u>  
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<u></u>0010| <u>                                </u>                             Max Coll, Chairman
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0011|   
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0012|   
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0013|   Adopted <u>                    </u>     Not Adopted <u>                    
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<u></u>0014| <u>   </u>
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0015|             (Chief Clerk)                       (Chief Clerk)
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0016|   
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0017|                        Date <u>            </u>
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0018|   
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0019|   The roll call vote was<u> 12 </u> For<u> 0 </u> Against
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0020|   Yes:      12
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0021|             Excused:  Abeyta, Buffett, Marquardt, Saavedra, Taylor, J.P.
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0022|             Absent:   None
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0023|   
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0024|   
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0025|   G:\BILLTEXT\BILLW_97\H0386
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