0001|                           SENATE BILL 870
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          NANCY E. RODRIGUEZ
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO LOBBYISTS; AMENDING AND ENACTING SECTIONS OF THE
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0012|     LOBBYIST REGULATION ACT TO REQUIRE DISCLOSURE OF INCOME FROM
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0013|     LOBBYING.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of the Lobbyist Regulation Act
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0017|     is enacted to read:
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0018|          "[<u>NEW MATERIAL</u>] LOBBYIST INCOME DISCLOSURE.--Each
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0019|     lobbyist shall file with the secretary of state, on a
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0020|     prescribed form or in an electronic format approved by the
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0021|     secretary of state, a report of income from lobbying.  The
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0022|     income report shall include a sworn statement that sets forth
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0023|     for each of the lobbyist's employers from whom income was
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0024|     received, the employer's name, amount of income received, dates
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0025|     and purpose.  Lobbyists who are salaried employees must report
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0001|     only that portion of their salary which relates to lobbying."
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0002|          Section 2.  Section 2-11-6 NMSA 1978 (being Laws 1977,
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0003|     Chapter 261, Section 6, as amended) is amended to read:
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0004|          "2-11-6.  EXPENDITURE <u>AND INCOME</u> REPORT TO BE FILED--
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0005|     CONTENTS--REPORTING PERIODS.--
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0006|               A.  Each lobbyist or lobbyist's employer who makes
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0007|     or incurs expenditures or political contributions for the
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0008|     benefit of a state legislator or candidate for the state
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0009|     legislature, a state public officer or candidate for state
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0010|     public office, a board or commission member or state employee
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0011|     who is involved in an official action affecting the lobbyist's
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0012|     employer or in support of or in opposition to a ballot issue or
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0013|     pending legislation or official action shall file an
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0014|     expenditure report with the secretary of state on a prescribed
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0015|     form or in an electronic format approved by the secretary of
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0016|     state.  The expenditure report shall include a sworn statement
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0017|     that sets forth:
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0018|                    (1)  the cumulative total of the expenditures
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0019|     made or incurred, separated into categories that identify the
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0020|     total separate amounts spent on:
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0021|                         (a)  meals and beverages;
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0022|                         (b)  other entertainment expenditures;
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0023|                         (c)  gifts; and
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0024|                         (d)  other expenditures;
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0025|                    (2)  each political contribution made,
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0001|     identified by amount, date and name of the candidate or ballot
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0002|     issue supported or opposed; and
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0003|                    (3)  the names, addresses and occupations of
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0004|     other contributors and the amounts of their separate political
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0005|     contributions if the lobbyist or lobbyist's employer delivers
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0006|     directly or indirectly separate contributions from those
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0007|     contributors in excess of five hundred dollars ($500) in the
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0008|     aggregate for each election to a candidate, a campaign
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0009|     committee or anyone authorized by a candidate to receive funds
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0010|     on his behalf.
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0011|               B.  If the expenditure report is filed
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0012|     electronically, the report shall be subscribed and sworn to in
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0013|     an independent affidavit that shall be delivered to the
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0014|     secretary of state within forty-eight hours after the
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0015|     expenditure report is electronically filed.
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0016|               C.  In identifying expenditures pursuant to the
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0017|     provisions of Paragraph (1) of Subsection A of this section,
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0018|     any individual expenditure that is more than the threshold
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0019|     level established in the Internal Revenue Code of 1986, as
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0020|     amended, that must be reported separately to claim a business
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0021|     expense deduction, as published by the secretary of state,
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0022|     shall be identified by amount, date, purpose, type of
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0023|     expenditure and name of the person who received or was
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0024|     benefited by the expenditure; provided, in the case of special
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0025|     events, including parties, dinners, athletic events,
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0001|     entertainment and other functions, to which all members of the
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0002|     legislature, to which all members of either house or any
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0003|     legislative committee or to which all members of a board or
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0004|     commission are invited, expenses need not be allocated to each
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0005|     individual who attended, but the date, location, name of the
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0006|     body invited and total expenses incurred shall be reported.
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0007|               D.  The reports required pursuant to the provisions
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0008|     of the Lobbyist Regulation Act shall be filed:
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0009|                    (1)  by January 15 for all expenditures and
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0010|     political contributions made or incurred during the preceding
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0011|     year and not previously reported;
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0012|                    (2)  within ten days after a legislative
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0013|     session ends for each separate expenditure made or incurred
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0014|     during the session that was for five hundred dollars ($500) or
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0015|     more; <s>[and]</s>
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0016|                    (3)  by May 1 for all expenditures and
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0017|     political contributions made or incurred since the January
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0018|     filing; <u>and</u>
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0019|                    <u>(4)  by May 1 for all income from lobbying
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<u></u>0020| <u>    received during the twelve-month period ending April 15 of the
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<u></u>0021| <u>    current year.</u>
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0022|               E.  A lobbyist's personal living expenses and the
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0023|     expenses incidental to establishing and maintaining an office
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0024|     in connection with lobbying activities <s>[or compensation paid
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<s></s>0025| <s>    to a lobbyist by a lobbyist's employer]</s> need not be reported.
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0001|               F.  A lobbyist or lobbyist's employer shall obtain
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0002|     and preserve all records, accounts, bills, receipts, books,
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0003|     papers and documents necessary to substantiate the financial
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0004|     statements required to be made under the Lobbyist Regulation
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0005|     Act for a period of two years from the date of filing of the
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0006|     report containing such items.  When the lobbyist is required
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0007|     under the terms of his employment to turn over any such records
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0008|     to his employer, responsibility for the preservation of them as
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0009|     required by this section and the filing of reports required by
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0010|     this section shall rest with the employer.  Such records shall
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0011|     be made available to the secretary of state or attorney general
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0012|     upon written request.
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0013|               G.  Any lobbyist's employer who also engages in
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0014|     lobbying shall comply with the provisions of the Lobbyist
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0015|     Regulation Act.
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0016|               H.  An organization of two or more persons,
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0017|     including an individual who holds himself out as an
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0018|     organization, that within one calendar year expends funds in
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0019|     excess of two thousand five hundred dollars ($2,500) not
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0020|     otherwise reported under the Lobbyist Regulation Act to conduct
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0021|     an advertising campaign for the purpose of lobbying shall
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0022|     register with the secretary of state within forty-eight hours
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0023|     after expending two thousand five hundred dollars ($2,500). 
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0024|     Such registration shall indicate the name of the organization
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0025|     and the names, addresses and occupations of any of its
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0001|     principals, organizers or officers and shall include the name
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0002|     of any lobbyist or lobbyist's employer who is a member of the
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0003|     organization.  Within fifteen days after a legislative session,
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0004|     the organization shall report the contributions, pledges to
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0005|     contribute, expenditures and commitments to expend for the
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0006|     advertising campaign for the purpose of lobbying, including the
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0007|     names, addresses and occupations of the contributors, to the
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0008|     secretary of state on a prescribed form."
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0009|          Section 3.  Section 2-11-7 NMSA 1978 (being Laws 1977,
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0010|     Chapter 261, Section 7, as amended) is amended to read:
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0011|          "2-11-7.  REGISTRATION AND EXPENDITURE STATEMENT <u>INCOME
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<u></u>0012| <u>    REPORT </u>PRESERVATION AS PUBLIC RECORD.--Each registration and
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0013|     expenditure statement <u>and income report</u> as required by the
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0014|     Lobbyist Regulation Act shall be preserved by the secretary of
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0015|     state for a period of two years from the date of filing as a
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0016|     public record, open to public inspection at any reasonable
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0017|     time.  Unless an action or prosecution is pending that requires
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0018|     preserving the report, it may be destroyed two years after the
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0019|     date of filing."
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0020|                                  
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