SENATE RULES COMMITTEE SUBSTITUTE FOR
SENATE BILL 34
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO LOBBYING; PROHIBITING FORMER LEGISLATORS FROM ACCEPTING COMPENSATION AS LOBBYISTS FOR A PERIOD OF TWO YEARS AFTER SERVICE AS A LEGISLATOR; PROHIBITING EMPLOYERS OF LOBBYISTS FROM COMPENSATING FORMER LEGISLATORS AS LOBBYISTS FOR A PERIOD OF TWO YEARS AFTER SERVICE; REQUIRING LOBBYISTS, WHEN REGISTERING, TO FILE A STATEMENT UNDER OATH STATING WHETHER THE LOBBYIST SERVED AS A LEGISLATOR IN THE PAST TWO YEARS; PROVIDING NOTICE TO A LOBBYIST'S EMPLOYER IF A LOBBYIST HAS SERVED AS A LEGISLATOR IN THE PAST TWO YEARS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Lobbyist Regulation Act is enacted to read:
"[NEW MATERIAL] RESTRICTION ON LOBBYING BY STATE LEGISLATORS--PENALTY.--
A. A former state legislator shall not accept compensation as a lobbyist for a period of two years after the conclusion of the former state legislator's term of office.
B. A lobbyist's employer shall not compensate a former state legislator as a lobbyist for a period of two years after the conclusion of the former state legislator's term of office.
C. A person who violates a provision of this section shall be subject to the penalties of the Lobbyist Regulation Act."
SECTION 2. Section 2-11-3 NMSA 1978 (being Laws 1977, Chapter 261, Section 3, as amended) is amended to read:
"2-11-3. REGISTRATION STATEMENT TO BE FILED--CONTENTS--MODIFICATION TO STATEMENT.--
A. In the month of January prior to each regular session or before any service covered by the Lobbyist Regulation Act commences, any individual who is initially employed or retained as a lobbyist shall register with the secretary of state by paying an annual filing fee of fifty dollars ($50.00) for each of the lobbyist's employers and by filing a single registration statement under oath in an electronic format as prescribed by the secretary of state that states:
(1) the lobbyist's full name, permanent business address and business address while lobbying; [and]
(2) the name and address of each of the lobbyist's employers; and
(3) whether the lobbyist has served as a state legislator in the past two years.
B. No registration fee shall be required of individuals receiving only reimbursement of personal expenses and no other compensation or salary for lobbying. Except as required by Subsection D of Section 2-11-6 NMSA 1978, no expenditure report shall be required if the lobbyist anticipates making or incurring and makes or incurs no expenditures or political contributions under Section 2-11-6 NMSA 1978. The lobbyist shall indicate in the lobbyist's registration statement whether those circumstances apply to the lobbyist.
C. Upon receipt of the online registration and payment, the secretary of state shall publish the registration information on the secretary of state's lobbying disclosure website, and for a lobbyist who indicated in the registration statement that the lobbyist has served as a state legislator in the past two years, the secretary of state shall notify the lobbyist's employers.
D. For each employer listed in Paragraph (2) of Subsection A of this section, the lobbyist shall file the following information:
(1) a full disclosure of the sources of funds used for lobbying;
(2) an affirmation from each of the lobbyist's employers authorizing the lobbyist to lobby on the employer's behalf;
(3) a brief description of the matters in reference to which the service is to be rendered; and
(4) the name and address of the person, if other than the lobbyist or the lobbyist's employer, who will have custody of the accounts, bills, receipts, books, papers and documents required to be kept under the provisions of the Lobbyist Regulation Act.
E. For each succeeding year that an individual is employed or retained as a lobbyist by the same employer, and for whom all the information disclosed in the initial registration statement remains substantially the same, the lobbyist shall file a simple annual registration renewal in January and pay the fifty-dollar ($50.00) filing fee for each of the lobbyist's employers together with a short, abbreviated prescribed form for renewal.
F. Whenever there is a modification of the facts required to be set forth by this section or there is a termination of the lobbyist's employment as a lobbyist before the end of the calendar year, the lobbyist shall notify the secretary of state using the electronic registration system within one week of such occurrence and shall furnish full information concerning the modification or termination. If the lobbyist's employment terminates at the end of a calendar year, no separate termination need be reported."
SECTION 3. APPLICABILITY.--The provisions of this act apply to all persons who hold the office of state legislator on or after July 1, 2023.
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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