IAL060607A.

• Case Date: June 05, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. IAL060607A. June 5, 2007IAL 060607AHonorable William GrayHonorable Shirley TylerNew Mexico House of RepresentativesState Capitol Building, Room 411 Santa Fe, NM 87501 Re: Request for Opinion - Gift Act and Travel to LES Overseas LocationDear Representatives Gray and Tyler: You have requested our advice regarding the application of the 2007 Gift Act ("Gift Act") to an out-of-state educational site visit that will be made between June 12 to June 17, 2007. See 2007 N.M. Laws, Ch. 226. According to your request: "We plan on traveling to the Netherlands . . . to tour a uranium enrichment plant that is identical to the plant currently being constructed in southeastern New Mexico . . . Specifically, the purpose of the trip is to provide local officials with an overview of the plant, talk to residents about living near a uranium enrichment plant and learn about safety aspects and the uranium enrichment process." It is our understanding that LES, a registered lobbyist, is providing a gift to you by paying for your travel, food and lodging. Based on our examination of the relevant New Mexico constitutional, statutory and case law authorities, and on the information available to us at this time, we conclude that the Gift Act is applicable and permits LES to pay for your trip as long as the payment constitutes reasonable expenses paid for a bona fide educational program that is directly related to your official duties as a legislator. The Gift Act, in pertinent part, reads: "A state officer . . . shall not knowingly accept from a restricted donor . . . and a restricted donor shall not knowingly donate to a state officer or employee . . . a gift of a market value greater than two hundred fifty dollars ($250)." 2007 N.M. Laws, Ch. 226, §3(A) (emphasis added). The definition for "restricted donor" is a multi-pronged. It includes a person who "will personally be, or is the agent of a person who will be, directly and substantially affected financially by the performance or nonperformance of the donee's official duty . . . " or "a lobbyist . . . with respect to matters within the donee's jurisdiction." Id. at §2(D). In addition, a lobbyist, a lobbyist's employer and a government contractor have an annual requirement and "shall not donate gifts of an aggregate market value greater than one thousand...