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2003 New Mexico Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagnm0001 and id is 1 raw text is: January 15, 2003

OPINION
OF
PATRICIA A. MADRID
Opinion No. 03-01
BY: Zachary Shandler
Assistant Attorney General
TO: Honorable Ray Begaye
State Representative
P.O. Box 609
Shiprock, NM 87420
QUESTIONS:
I. Can a nonprofit entity that has a state legislator as an employee enter into a contract with the
state?
2. Can a state legislator simultaneously receive legislative per diem and a salary from his private
employer?
3. Can a state legislator vote on a bill that may benefit his private employer?
CONCLUSIONS:
I. A private entity, either for-profit or nonprofit, that has a state legislator within its organization
may enter into a contract with the State provided the contracting process is conducted in
accordance with constitutional and statutory requirements.
2. A legislator who complies with legislative rules is entitled to receive his legislative per diem. His
private sector employer is free to determine whether it should also compensate him for that day's

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