Senate Endorses Ethics Legislation Targeting Procurement Contractors

From NM Senate Democrats:
SANTA FE, NM – Senate Bill 344 Contributions By Procurement Contractors, sponsored by Senator Dede Feldman (D-Bernalillo), moved through the Senate Thursday evening on a 37 to 4 vote.
“This is a great bill and a good start in assuring the public that state contracts are not based on campaign contributions or gifts to those elected officials who may be able to influence the selection of a contractor,” says Senator Dede Feldman. I think we need to restore the public trust. We’ve seen some abuses of the procurement process and this is a step in solving it.”

The legislation identifies prohibitions and reporting requirements for prospective state contractors during the bidding process. Specifically it requires prospective contractors with the state or local public bodies to disclose all campaign contributions over $250 made to applicable state and local public officials during the two years prior to submitting a competitive sealed proposal. The same applies in cases involving a sole source or small purchase contracts.

The legislation also prohibits prospective contractors their employees, family members and related agents from making campaign contribution or giving anything of value to an applicable state or local official during the procurement process, including negotiations during the procurement process.
Approved floor amendments during the floor discussion broadened the disclosure to include contributions made by any appointee to the Board of Finance to a political candidate over a five year period as well as disclosing any and all tax liens and judgments that have been filed against them over the last ten years. Another amendment further prohibited family members from making contributions during the procurement process. “Family members” are identified as a “spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law.”

Senate Bill 344 now moves to the House of Representatives for consideration.