0001| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 569 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO ELECTIONS; ENACTING THE TAXPAYER FUNDED ELECTION | 0013| ACT; PROVIDING FOR PUBLIC FINANCING OF ELECTION CAMPAIGNS FOR | 0014| THE OFFICE OF STATE AUDITOR AS A PILOT PROJECT; CREATING A | 0015| FUND; IMPOSING A PENALTY; AMENDING AND ENACTING SECTIONS OF THE | 0016| NMSA 1978; MAKING APPROPRIATIONS. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0020| through 8 of this act may be cited as the "Taxpayer Funded | 0021| Election Act". | 0022| Section 2. [NEW MATERIAL] PURPOSE OF ACT.--The Taxpayer | 0023| Funded Election Act provides a public financing pilot project | 0024| for the office of state auditor. | 0025| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0001| Taxpayer Funded Election Act: | 0002| A. "certified candidate" means a candidate running | 0003| for the office of state auditor who is certified by the | 0004| secretary as a Taxpayer Funded Election Act candidate; | 0005| B. "contribution" means that term as defined in the | 0006| Campaign Reporting Act; | 0007| C. "election cycle" means the period beginning | 0008| April 1 of the year of the election and ending three days after | 0009| the general election; | 0010| D. "fund" means the Taxpayer Funded election fund; | 0011| E. "nonparticipating candidate" means a candidate | 0012| running for the office of state auditor who does not choose to | 0013| participate in the Taxpayer Funded Election Act public | 0014| financing pilot project and who is not seeking to be certified | 0015| as a Taxpayer Funded Election Act candidate; | 0016| F. "participating candidate" means a candidate | 0017| running for the office of state auditor who has filed a | 0018| declaration of intent to participate in the Taxpayer Funded | 0019| Election Act public financing pilot project and who is seeking | 0020| to be certified as a Taxpayer Funded Election Act candidate; | 0021| G. "qualifying contribution" means a donation of | 0022| five dollars ($5.00) in the form of a check or a money order | 0023| payable to the fund in support of a candidate; | 0024| H. "qualifying period" means the period beginning | 0025| on | 0001| January 1 of the year of the election and ending on March 31 of | 0002| the year of the election; | 0003| I. "secretary" means the secretary of state; | 0004| J. "seed money" means a contribution in the form of | 0005| cash, check or money order of no more than one hundred dollars | 0006| ($100) per contributor per candidate, including a contribution | 0007| from the candidate or a member of the candidate's family; and | 0008| K. "task force" means the taxpayer funded election | 0009| task force. | 0010| Section 4. [NEW MATERIAL] TERMS OF PARTICIPATION-- | 0011| DECLARATION OF INTENT--SEED MONEY--QUALIFYING CONTRIBUTIONS-- | 0012| FILING--CERTIFICATION--FUND DISTRIBUTION.-- | 0013| A. A person who chooses to participate in the Taxpayer | 0014| Funded Election Act public financing pilot project shall file with | 0015| the secretary a declaration of intent to be a participating | 0016| candidate. The declaration of intent shall be filed with the | 0017| secretary no more than fourteen days prior to or during the | 0018| qualifying period, except as provided in Subsection N of this | 0019| section, on forms and according to procedures developed by the | 0020| secretary. A participating candidate shall submit a declaration | 0021| of intent prior to collecting seed money or qualifying | 0022| contributions. A candidate who files a declaration of intent | 0023| shall swear or affirm that the candidate has complied with and | 0024| shall continue to comply with Taxpayer Funded Election Act | 0025| contribution and expenditure limits and shall comply with all | 0001| other requirements of that act. | 0002| B. Subsequent to filing a declaration of intent, a | 0003| participating candidate may not accept contributions except for | 0004| seed money and qualifying contributions. A participating | 0005| candidate shall limit seed money contributions and expenditures to | 0006| no more than two thousand five hundred dollars ($2,500). A | 0007| candidate may collect and spend seed money contributions | 0008| subsequent to filing a declaration of intent to participate with | 0009| the secretary and throughout the qualifying period. A candidate | 0010| may not collect or spend seed money after certification as a | 0011| Taxpayer Funded Election Act candidate, and the balance of any | 0012| unspent seed money shall be transmitted to the secretary of state | 0013| for deposit into the fund. Seed money may be used to enable a | 0014| candidate to collect qualifying contributions. | 0015| C. Qualifying contributions from at least two hundred | 0016| fifty registered voters of this state are required in order for a | 0017| participating candidate to become a certified candidate pursuant | 0018| to provisions of the Taxpayer Funded Election Act. No payment, | 0019| gift or anything of value may be given in exchange for a | 0020| qualifying contribution. The secretary shall deposit all | 0021| qualifying contributions into the fund. A qualifying contribution | 0022| may only be made by a registered voter during the qualifying | 0023| period and shall be acknowledged by a written receipt that | 0024| includes the name and address of the donor. A qualifying | 0025| contribution shall be submitted to the participating candidate and | 0001| filed with the secretary during the qualifying period. | 0002| D. No later than three days after receipt of two | 0003| hundred fifty qualifying contributions on behalf of a | 0004| participating candidate, the secretary shall certify a | 0005| participating candidate who has complied with requirements of this | 0006| subsection. In order to be certified, candidates shall have: | 0007| (1) filed a declaration of intent to participate | 0008| in the Taxpayer Funded Election Act public financing pilot | 0009| project; | 0010| (2) submitted the appropriate number of | 0011| qualifying contributions; | 0012| (3) complied with seed money contribution and | 0013| expenditure restrictions; and | 0014| (4) otherwise met the requirements for | 0015| participation in the Taxpayer Funded Election Act public financing | 0016| pilot project. | 0017| E. Upon certification, a certified candidate shall | 0018| transmit to the secretary the balance of unspent seed money for | 0019| deposit into the fund. | 0020| F. Certified candidates shall limit campaign | 0021| expenditures and debts to the amount of revenues distributed to | 0022| the certified candidate from the fund. A certified candidate may | 0023| accept up to a total of ten thousand dollars ($10,000) of in-kind | 0024| contributions during the qualifying period and election cycle. | 0025| All revenues distributed from the fund to a certified candidate | 0001| shall be used for campaign-related purposes. | 0002| G. The secretary shall distribute to certified | 0003| candidates the following amounts from the fund: | 0004| (1) within three days after certification, | 0005| seventeen thousand dollars ($17,000) for primary elections; and | 0006| (2) within three days after the primary, | 0007| seventeen thousand dollars ($17,000) for contested general | 0008| elections. Money from the fund shall not be distributed for | 0009| uncontested primary or general elections. | 0010| H. Money from the fund that is distributed prior to | 0011| the primary election may be held over and used for the general | 0012| election; however, all unspent money from the fund distributed to | 0013| unsuccessful certified candidates in a primary, plus any accrued | 0014| interest on such money, shall be transmitted to the secretary for | 0015| deposit into the fund by 5:00 p.m. on the thirtieth day after the | 0016| primary. All unspent money distributed from the fund, plus any | 0017| accrued interest on such money shall be transmitted to the | 0018| secretary for deposit back into the fund by 5:00 p.m. on the | 0019| thirtieth day after the general election. | 0020| I. Certified candidates without party affiliation and | 0021| certified candidates enrolled in minor political parties are | 0022| eligible for revenues from the fund in the same amounts, and at | 0023| the same time, as certified candidates from major parties for | 0024| general elections. | 0025| J. If a certified candidate is opposed by a | 0001| nonparticipating candidate in either the primary or general | 0002| election, then the expenditure limits on the certified candidate | 0003| shall be waived, and the certified candidate shall receive | 0004| additional money from the fund equal to the amount spent by the | 0005| nonparticipating candidate above the expenditure limits for | 0006| certified candidates, up to a limit of two times the amount | 0007| distributed under Subsection G of this section. | 0008| K. Notwithstanding any other provision of law, | 0009| participating candidates and certified candidates shall report any | 0010| money collected and all campaign expenditures, obligations and | 0011| related activities to the secretary in accordance with the | 0012| provisions of Section 1-19-29 NMSA 1978. Nonparticipating | 0013| candidates shall report any money collected and all campaign | 0014| expenditures, obligations and related activities to the secretary | 0015| beginning at 5:00 p.m. on the first Friday in April of the | 0016| election year for the primary election and the first Friday in | 0017| September for the general election and 5:00 p.m. on every Friday | 0018| thereafter through the Friday before the election, for all | 0019| expenditures made or contributions received by 5:00 p.m. on the | 0020| previous Tuesday. Any expenditure or contribution in excess of | 0021| one thousand dollars ($1,000) that is made or received after 5:00 | 0022| p.m. on the Tuesday before the election shall be reported to the | 0023| secretary of state in a supplemental report within twenty-four | 0024| hours. A final report of expenditures and contributions is due by | 0025| 5:00 p.m. on the thirtieth day after the primary and general | 0001| elections. | 0002| L. No political committee or person, other than a | 0003| nonparticipating candidate who contributes to his own campaign, | 0004| shall make contributions that, in the aggregate, exceed five | 0005| hundred dollars ($500) to a candidate or his campaign committee | 0006| with respect to an election covered by the Taxpayer Funded | 0007| Election Act. | 0008| M. Candidates participating in the Taxpayer Funded | 0009| Election Act public financing pilot project shall comply with all | 0010| other applicable, nonconflicting election and campaign laws and | 0011| regulations. | 0012| N. The secretary may adopt regulations and reporting | 0013| forms necessary to implement the provisions of the Taxpayer Funded | 0014| Election Act, including regulations regarding qualification, | 0015| certification, disbursement of fund revenues and return of unspent | 0016| fund revenues. The secretary shall adopt regulations for | 0017| challenges to certification decisions, races involving special | 0018| elections, recounts, vacancies, withdrawals or replacement | 0019| candidates. In developing regulations and forms, the secretary | 0020| shall use existing campaign reporting procedures and forms | 0021| whenever practicable. | 0022| Section 5. [NEW MATERIAL] TAXPAYER FUNDED ELECTION FUND | 0023| CREATED.-- | 0024| A. The "taxpayer funded election fund" is created as a | 0025| revolving fund in the state treasury. The fund shall consist of | 0001| appropriations, fees, seed money, qualifying contributions, gifts, | 0002| grants, donations and interest earned on investment of money in | 0003| the fund. Money in the fund is appropriated to the secretary and | 0004| shall not revert at the end of the fiscal year. | 0005| B. The purpose of the fund is to provide funds for | 0006| election campaigns pursuant to the provisions of the Taxpayer | 0007| Funded Election Act. | 0008| C. The fund shall be administered by the secretary. | 0009| Money in the fund shall be expended only on warrants drawn by the | 0010| secretary of finance and administration pursuant to vouchers | 0011| signed by the secretary or his authorized representative in | 0012| accordance with the provisions of the Taxpayer Funded Election | 0013| Act. | 0014| Section 6. [NEW MATERIAL] TAXPAYER FUNDED ELECTION TASK | 0015| FORCE--CREATED--DUTIES.-- | 0016| A. The "taxpayer funded election task force" is | 0017| created. The task force shall function from the date of its | 0018| appointment until December 31, 1998. | 0019| B. The task force shall be composed of nine members | 0020| appointed as follows: three members shall be appointed by the | 0021| governor; three members shall be appointed by the president pro | 0022| tempore of the senate; and three members shall be appointed by the | 0023| speaker of the house of representatives. No elected official | 0024| shall be eligible to be a task force member. Each task force | 0025| member shall have a history of involvement with the political | 0001| process in New Mexico, with nonprofit organizations concerned with | 0002| the electoral process, or both, for a period of at least two years | 0003| prior to appointment. Members shall be eligible to receive per | 0004| diem and mileage pursuant to the provisions of the Per Diem and | 0005| Mileage Act. | 0006| C. The task force shall oversee and monitor the public | 0007| financing pilot project pursuant to provisions of the Taxpayer | 0008| Funded Election Act and, on completion of the pilot project, shall | 0009| issue a report on its findings, conclusions and recommendations. | 0010| In developing its report, the task force shall consider whether: | 0011| (1) overall campaign expenditures were reduced; | 0012| (2) the amount of private contributions and | 0013| candidates' personal funds was significantly less; and | 0014| (3) new and additional candidates participated | 0015| in the campaigns. | 0016| Section 7. [NEW MATERIAL] EDUCATION AND VOLUNTARY | 0017| COMPLIANCE--INVESTIGATIONS--BINDING ARBITRATION--REFERRALS FOR | 0018| ENFORCEMENT.-- | 0019| A. The secretary shall advise and seek to educate all | 0020| persons required to perform duties pursuant to the provisions of | 0021| the Taxpayer Funded Election Act about those duties. The | 0022| secretary, in consultation with the attorney general, shall issue | 0023| advisory opinions, when requested in writing to do so, on matters | 0024| concerning that act. All prescribed forms prepared shall be clear | 0025| and easy to complete. | 0001| B. The secretary may initiate investigations to | 0002| determine whether a provision of the Taxpayer Funded Election Act | 0003| has been violated. Additionally, a person who believes that a | 0004| provision of that act has been violated may file a written | 0005| complaint with the secretary any time prior to ninety days after | 0006| an election, except that no complaints from the public may be | 0007| filed within eight days prior to an election. The secretary shall | 0008| adopt procedures for issuing advisory opinions and processing | 0009| complaints and notifications of violations. | 0010| C. The secretary shall at all times seek to ensure | 0011| voluntary compliance with the provisions of the Taxpayer Funded | 0012| Election Act. If the secretary determines that a provision of | 0013| that act for which a penalty may be imposed has been violated, the | 0014| secretary shall by written notice set forth the violation and the | 0015| fine imposed and inform the reporting person that he has ten | 0016| working days from the date of the letter to correct the matter and | 0017| to provide a written explanation, under penalty of perjury, | 0018| stating any reason why the violation occurred. If a timely | 0019| explanation is filed and the secretary determines that good cause | 0020| exists to waive the fine imposed, the secretary may by a written | 0021| notice of final action partially or fully waive any fine imposed | 0022| for any late, incomplete or false report or statement of | 0023| exception. A written notice of final action shall be sent by | 0024| certified mail. | 0025| D. Upon receipt of the notice of final action, the | 0001| person against whom the penalty has been imposed may protest the | 0002| secretary's determination, including an advisory opinion, by | 0003| submitting on a prescribed form a written request for binding | 0004| arbitration to the secretary within ten working days of the date | 0005| of the notice of final action. Any fine imposed shall be due and | 0006| payable within ten working days of the date of notice of final | 0007| action. No additional fine shall accrue pending the issuance of | 0008| the arbitration decision. Fines paid pursuant to a notice of | 0009| final action that are subsequently reduced or dismissed shall be | 0010| reimbursed with interest within ten working days after the filing | 0011| of the arbitration decision with the secretary. Interest on the | 0012| reduced or dismissed portion of the fine shall be the same as the | 0013| rate of interest earned by the secretary's escrow account. | 0014| E. An arbitration hearing shall be conducted by a | 0015| single arbitrator selected by the person against whom the penalty | 0016| has been imposed from a list of five arbitrators provided by the | 0017| secretary. The secretary shall provide notice of the selection | 0018| within fifteen days of receipt of the request for arbitration. | 0019| Neither the secretary nor a person subject to the Campaign | 0020| Reporting Act, Lobbyist Regulation Act, Financial Disclosure Act | 0021| or Taxpayer Funded Election Act may serve as an arbitrator. | 0022| Arbitrators selected by the secretary shall be considered to be | 0023| independent contractors, not public officers or employees, and | 0024| shall not be paid per diem and mileage. | 0025| F. The arbitrator shall conduct the hearing within | 0001| thirty days of the request for arbitration. The arbitrator may | 0002| impose any penalty the secretary is authorized to impose. The | 0003| arbitrator shall state the reasons for his decision in a written | 0004| document that shall be a public record. The decision shall be | 0005| final and binding. The decision shall be issued and filed with | 0006| the secretary within thirty days of the conclusion of the hearing. | 0007| Unless otherwise provided for in this section, or by rule or | 0008| regulation adopted by the secretary, the procedures for the | 0009| arbitration shall be governed by the Uniform Arbitration Act. No | 0010| arbitrator shall be subject to liability for actions taken | 0011| pursuant to this section. | 0012| G. The secretary may refer a matter to the attorney | 0013| general or a district attorney for a civil injunctive or other | 0014| appropriate order or enforcement. | 0015| Section 8. [NEW MATERIAL] REPORTS AND STATEMENTS--LATE | 0016| FILING PENALTY--FAILURE TO FILE.-- | 0017| A. For certified candidates, the penalties shall be | 0018| the same as those provided in Sections 1-19-34.6, 1-19-35 and 1- | 0019| 19-36 NMSA 1978. | 0020| B. For nonparticipating candidates: | 0021| (1) if a report of expenditures and | 0022| contributions, except for a report required to be filed and | 0023| delivered the Friday before the election and any supplemental | 0024| report, as required in Subsection K of Section 4 of the Taxpayer | 0025| Funded Election Act, that is due prior to the election, contains | 0001| false or incomplete information or is filed after any deadline | 0002| imposed by the Taxpayer Funded Election Act, the responsible | 0003| nonparticipating candidate, in addition to any other penalties or | 0004| remedies prescribed by the Election Code, shall be liable for and | 0005| shall pay to the secretary of state fifty dollars ($50.00) per day | 0006| for each regular working day after the time required by the | 0007| Taxpayer Funded Election Act for the filing of reports of | 0008| expenditures and contributions until the complete or true | 0009| statement or report is filed, up to a maximum of five thousand | 0010| dollars ($5,000); | 0011| (2) if any nonparticipating candidate files a | 0012| false, incomplete or late report of expenditures and contributions | 0013| due on the Friday prior to the election, the candidate shall be | 0014| liable and pay to the secretary of state five hundred dollars | 0015| ($500) for the first working day and fifty dollars ($50.00) for | 0016| each subsequent working day after the time required for the filing | 0017| of the report until the true and complete report is filed, up to a | 0018| maximum of five thousand dollars ($5,000); | 0019| (3) if a nonparticipating candidate fails to | 0020| file or files a late supplemental report of expenditures and | 0021| contributions as required in Subsection K of Section 4 of the | 0022| Taxpayer Funded Election Act, the candidate shall be liable for | 0023| and pay to the secretary of state a penalty equal to the amount of | 0024| each contribution received or pledged after the Tuesday before the | 0025| election that was not timely filed; | 0001| (4) all sums collected for the penalty shall be | 0002| deposited in the state general fund. A report shall be deemed | 0003| timely filed only if it is received by the secretary of state by | 0004| the date and time prescribed by law; | 0005| (5) any nonparticipating candidate who fails or | 0006| refuses to file a report of expenditures and contributions or to | 0007| pay a penalty imposed by the secretary of state as required by the | 0008| Taxpayer Funded Election Act shall not, in addition to any other | 0009| penalties provided by law: | 0010| (a) have his name printed upon the ballot | 0011| if the violation occurs before and through the final date for the | 0012| withdrawal of candidates; or | 0013| (b) be issued a certificate of nomination | 0014| or election, if the violation occurs after the final date for | 0015| withdrawal of candidates or after the election, until the | 0016| candidate satisfies all reporting requirements of the Taxpayer | 0017| Funded Election Act and pays all penalties owed; and | 0018| (6) any nonparticipating candidate who loses an | 0019| election and who fails or refuses to file a report of expenditures | 0020| and contributions or to pay a penalty imposed by the secretary of | 0021| state as required by the Taxpayer Funded Election Act shall not | 0022| be, in addition to any other penalties provided by law, permitted | 0023| to file a declaration of candidacy or nominating petition for any | 0024| future election until the candidate satisfies all reporting | 0025| requirements of the Taxpayer Funded Election Act and pays all | 0001| penalties owed. | 0002| Section 9. Section 1-19-29.1 NMSA 1978 (being Laws 1993, | 0003| Chapter 46, Section 6, as amended) is amended to read: | 0004| "1-19-29.1. CAMPAIGN FUNDS--LIMITATION ON USE.-- | 0005| A. It is unlawful for any candidate or his agent to | 0006| make an expenditure of contributions received, except for the | 0007| following purposes or as otherwise provided in this section: | 0008| (1) expenditures of the campaign; | 0009| (2) expenditures of legislators that are | 0010| reasonably related to performing the duties of the office held, | 0011| including mail, telephone and travel expenditures to serve | 0012| constituents, but excluding personal and legislative session | 0013| living expenses; | 0014| (3) donations to the [state] general fund; | 0015| (4) donations to an organization to which a | 0016| federal income tax deduction would be permitted under Subparagraph | 0017| (A) of Paragraph (1) of Subsection (b) of Section 170 of the | 0018| Internal Revenue Code of 1986, as amended; | 0019| (5) expenditures to eliminate the campaign debt | 0020| of the candidate for the office sought or expenditures incurred by | 0021| the candidate when seeking election to another public office | 0022| covered by the Campaign Reporting Act, except the state auditor; | 0023| (6) donations to a political party or to another | 0024| candidate seeking election to public office, except the state | 0025| auditor; or | 0001| (7) disbursements to return unused funds pro | 0002| rata to the contributors if no campaign debt exists. | 0003| B. A judge subject to a nonpartisan retention election | 0004| or a candidate for judicial office shall solicit or accept | 0005| campaign funds and return unused funds in accordance with the | 0006| provisions of the Code of Judicial Conduct." | 0007| Section 10. Effective December 31, 1998, Section 1-19-29.1 | 0008| NMSA 1978 (being Laws 1993, Chapter 46, Section 6, as amended and | 0009| as further amended by Section 9 of this act) is amended to read: | 0010| "1-19-29.1. CAMPAIGN FUNDS--LIMITATION ON USE.-- | 0011| A. It is unlawful for any candidate or his agent to | 0012| make an expenditure of contributions received, except for the | 0013| following purposes or as otherwise provided in this section: | 0014| (1) expenditures of the campaign; | 0015| (2) expenditures of legislators that are | 0016| reasonably related to performing the duties of the office held, | 0017| including mail, telephone and travel expenditures to serve | 0018| constituents, but excluding personal and legislative session | 0019| living expenses; | 0020| (3) donations to the general fund; | 0021| (4) donations to an organization to which a | 0022| federal income tax deduction would be permitted under Subparagraph | 0023| (A) of Paragraph (1) of Subsection (b) of Section 170 of the | 0024| Internal Revenue Code of 1986, as amended; | 0025| (5) expenditures to eliminate the campaign debt | 0001| of the candidate for the office sought or expenditures incurred by | 0002| the candidate when seeking election to another public office | 0003| covered by the Campaign Reporting Act [except the state auditor]; | 0004| (6) donations to a political party or to another | 0005| candidate seeking election to public office [except the state | 0006| auditor]; or | 0007| (7) disbursements to return unused funds pro | 0008| rata to the contributors if no campaign debt exists. | 0009| B. A judge subject to a nonpartisan retention election | 0010| or a candidate for judicial office shall solicit or accept | 0011| campaign funds and return unused funds in accordance with the | 0012| provisions of the Code of Judicial Conduct." | 0013| Section 11. Section 2-11-3 NMSA 1978 (being Laws 1977, | 0014| Chapter 261, Section 3, as amended) is amended to read: | 0015| "2-11-3. REGISTRATION STATEMENT TO BE FILED--CONTENTS-- | 0016| MODIFICATION TO STATEMENT.-- | 0017| A. In the month of January prior to each regular | 0018| session or before any service covered by the Lobbyist Regulation | 0019| Act commences, any individual who is initially employed or | 0020| retained as a lobbyist shall register with the secretary of state | 0021| by paying an annual filing fee of [twenty-five dollars ($25.00)] | 0022| one hundred dollars ($100) for each of the lobbyist's employers, | 0023| seventy-five dollars ($75.00) of which shall be credited to the | 0024| taxpayer funded election fund, and by filing a single registration | 0025| statement under oath on a prescribed form showing: | 0001| (1) the lobbyist's full name, permanent business | 0002| address and business address while lobbying; and | 0003| (2) the name and address of each of the | 0004| lobbyist's employers. | 0005| B. No registration fee shall be required of | 0006| individuals receiving only reimbursement of personal expenses and | 0007| no other compensation or salary for lobbying. No expenditure | 0008| statement required by Section 2-11-6 NMSA 1978 shall be required | 0009| if the lobbyist anticipates making or incurring and makes or | 0010| incurs no expenditures or political contributions under Section 2- | 0011| 11-6 NMSA 1978. The lobbyist shall indicate in his registration | 0012| statement whether those circumstances apply to him. | 0013| C. For each employer listed in Paragraph (2) of | 0014| Subsection A of this section, the lobbyist shall file the | 0015| following information: | 0016| (1) a full disclosure of the sources of funds | 0017| used for lobbying; | 0018| (2) a written statement from each of the | 0019| lobbyist's employers authorizing him to lobby on the employer's | 0020| behalf; | 0021| (3) a brief description of the matters in | 0022| reference to which the service is to be rendered; and | 0023| (4) the name and address of the person, if other | 0024| than the lobbyist or his employer, who will have custody of the | 0025| accounts, bills, receipts, books, papers and documents required to | 0001| be kept under the provisions of the Lobbyist Regulation Act. | 0002| D. For each succeeding year that an individual is | 0003| employed or retained as a lobbyist by the same employer, and for | 0004| whom all the information disclosed in the initial registration | 0005| statement remains substantially the same, the lobbyist shall file | 0006| a simple annual registration renewal in January and pay the | 0007| [twenty-five dollar ($25.00)] one hundred dollar ($100) filing fee | 0008| for each of the lobbyist's employers together with a short, | 0009| abbreviated prescribed form for renewal. | 0010| E. Whenever there is a modification of the facts | 0011| required to be set forth by this section or there is a termination | 0012| of the lobbyist's employment as a lobbyist before the end of the | 0013| calendar year, the lobbyist shall notify the secretary of state | 0014| within one month of such occurrence and shall furnish full | 0015| information concerning the modification or termination. If the | 0016| lobbyist's employment terminates at the end of a calendar year, no | 0017| separate termination report need be filed." | 0018| Section 12. Effective December 31, 1998, Section 2-11-3 | 0019| NMSA 1978 (being Laws 1977, Chapter 261, Section 3, as amended and | 0020| as further amended by Section 11 of this act) is amended to read: | 0021| "2-11-3. REGISTRATION STATEMENT TO BE FILED--CONTENTS-- | 0022| MODIFICATION TO STATEMENT.-- | 0023| A. In the month of January prior to each regular | 0024| session or before any service covered by the Lobbyist Regulation | 0025| Act commences, any individual who is initially employed or | 0001| retained as a lobbyist shall register with the secretary of state | 0002| by paying an annual filing fee of [one hundred dollars ($100)] | 0003| twenty-five dollars ($25.00) for each of the lobbyist's employers, | 0004| [seventy-five dollars ($75.00) of which shall be credited to the | 0005| taxpayer funded election fund] and by filing a single registration | 0006| statement under oath on a prescribed form showing: | 0007| (1) the lobbyist's full name, permanent business | 0008| address and business address while lobbying; and | 0009| (2) the name and address of each of the | 0010| lobbyist's employers. | 0011| B. No registration fee shall be required of | 0012| individuals receiving only reimbursement of personal expenses and | 0013| no other compensation or salary for lobbying. No expenditure | 0014| statement required by Section 2-11-6 NMSA 1978 shall be required | 0015| if the lobbyist anticipates making or incurring and makes or | 0016| incurs no expenditures or political contributions under Section 2- | 0017| 11-6 NMSA 1978. The lobbyist shall indicate in his registration | 0018| statement whether those circumstances apply to him. | 0019| C. For each employer listed in Paragraph (2) of | 0020| Subsection A of this section, the lobbyist shall file the | 0021| following information: | 0022| (1) a full disclosure of the sources of funds | 0023| used for lobbying; | 0024| (2) a written statement from each of the | 0025| lobbyist's employers authorizing him to lobby on the employer's | 0001| behalf; | 0002| (3) a brief description of the matters in | 0003| reference to which the service is to be rendered; and | 0004| (4) the name and address of the person, if other | 0005| than the lobbyist or his employer, who will have custody of the | 0006| accounts, bills, receipts, books, papers and documents required to | 0007| be kept under the provisions of the Lobbyist Regulation Act. | 0008| D. For each succeeding year that an individual is | 0009| employed or retained as a lobbyist by the same employer, and for | 0010| whom all the information disclosed in the initial registration | 0011| statement remains substantially the same, the lobbyist shall file | 0012| a simple annual registration renewal in January and pay the [one | 0013| hundred dollar ($100)] twenty-five dollar ($25.00) filing fee for | 0014| each of the lobbyist's employers together with a short, | 0015| abbreviated prescribed form for renewal. | 0016| E. Whenever there is a modification of the facts | 0017| required to be set forth by this section or there is a termination | 0018| of the lobbyist's employment as a lobbyist before the end of the | 0019| calendar year, the lobbyist shall notify the secretary of state | 0020| within one month of such occurrence and shall furnish full | 0021| information concerning the modification or termination. If the | 0022| lobbyist's employment terminates at the end of a calendar year, no | 0023| separate termination report need be filed." | 0024| Section 13. APPROPRIATIONS.-- | 0025| A. Two hundred fifty thousand dollars ($250,000) is | 0001| appropriated from the general fund to the taxpayer funded election | 0002| fund for expenditure in fiscal years 1998 and 1999 for the purpose | 0003| of providing public funds for election campaigns covered by the | 0004| Taxpayer Funded Election Act. Any unexpended or unencumbered | 0005| balance remaining in the fund at the end of fiscal year 1999 shall | 0006| revert to the general fund. | 0007| B. One hundred thousand dollars ($100,000) is | 0008| appropriated from the general fund to the secretary of state for | 0009| expenditure in fiscal years 1998 and 1999 for the purpose of | 0010| administering the Taxpayer Funded Election Act, hiring an | 0011| additional full-time-equivalent employee and providing for the | 0012| costs of the taxpayer funded election task force. Any unexpended | 0013| or unencumbered balance remaining at the end of fiscal year 1999 | 0014| shall revert to the general fund. | 0015| Section 14. DELAYED REPEAL.--Effective December 31, 1998 | 0016| the Taxpayer Funded Election Act is repealed. | 0017| Section 15. APPLICATION OF ACT.--The provisions of this act | 0018| apply to elections for the office of state auditor through | 0019| December 31, 1998. | 0020|  |