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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