New Mexico 2025 Regular Session Status: Passed Senate 2 D cosponsors

SB 259 — PROFESSIONAL FUNDRAISER REQUIREMENTS

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  1. ✓
    Introduced
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  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

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Bill Text

What changed in the latest version

787 added · 615 removed

Plain-language change summary

In the latest version of Senate Bill 259, the name of the bill's introducer has changed from Joy Garratt to just Katy M. Duhigg. Additionally, a note was added explaining that the document may include amendments proposed by a committee that have not yet been adopted. These updates are important because they clarify who is currently leading the bill and provide context on how the legislative process is evolving, ensuring transparency and understanding of the bill's status.

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SENATE BILL 259 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Katy M.
SENATE BILL 259 57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Katy M.
Duhigg and Joy Garratt 6 8 10 AN ACT RELATING TO CHARITIES;
Duhigg This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AMENDING THE CHARITABLE SOLICITATIONS ACT TO STRENGTHEN REQUIREMENTS FOR PROFESSIONAL FUNDRAISERS AND THIRD-PARTY SOLICITORS.
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
h g o AN ACT t hr g e i k RELATING TO CHARITIES;
SECTION 1.
AMENDING THE CHARITABLE SOLICITATIONS h r i s ACT TO STRENGTHEN REQUIREMENTS FOR PROFESSIONAL FUNDRAISERS AND h , t, THIRD-PARTY SOLICITORS.
Section 57-22-2 NMSA 1978 (being Laws 1983, e t 17 Chapter 140, Section 2, as amended) is amended to read:
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
w l n d 18 "57-22-2.
l ] b ,d i a º e STBTCº SECTION 1.
PURPOSE.--The purpose of the Charitable = = 19 a l Solicitations Act is to authorize the attorney general to i a e r 20 monitor, supervise and enforce the charitable purposes of a t m m 21 charitable organizations and regulate professional fundraisers d r e 22 and third-party solicitors operating in this state." c e s k 23 SECTION 2.
Section 57-22-2 NMSA 1978 (being Laws r i = r t e w d m a n o 1983, Chapter 140, Section 2, as amended) is amended to read:
Section 57-22-3 NMSA 1978 (being Laws 1983, e a n b 24 Chapter 140, Section 3, as amended) is amended to read:
d m :
u [ "57-22-3.
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e e a n e d r e l u [ A d "57-22-2.
DEFINITIONS.--As used in the Charitable .229559.1 Solicitations Act:
PURPOSE.--The purpose of the Charitable Solicitations Act is to authorize the attorney general to monitor, supervise and enforce the charitable purposes of charitable organizations and regulate professional fundraisers and third-party solicitors operating in this state."»STBTC SECTION STBTCº2.»STBTC STBTCº1.»STBTC Section 57-22-3 NMSA 1978 (being Laws 1983, Chapter 140, Section 3, as amended) is amended to read:
"57-22-3.
DEFINITIONS.--As used in the Charitable Solicitations Act:
B.
h B.
"charitable purpose" means a benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic or other eleemosynary objective or an activity conducted in support of or in the name of law enforcement officers, firefighters or other persons who protect public safety;
"charitable purpose" means a benevolent, social u » r welfare, scientific, educational, environmental, philanthropic, t h g e l i humane, patriotic, public health, civic or other eleemosynary h r i s objective or an activity conducted in support of or in the name h , e h of law enforcement officers, firefighters or other persons who t u g e b l e e , gh protect public safety;
C.
n d d i = = o h C.
"contribution" means the promise, grant or pledge of [any] money, credit or property of any kind or value provided to a charitable organization in response to a e t 17 solicitation, but does not include program service revenue or w l n d 18 bona fide membership fees, dues or assessments;
"contribution" means the promise, grant or l ] b ,d i a º r pledge of [any ] money, credit or property of any kind or value e r = t e w d m a n o provided to a charitable organization in response to a d m :
provided that = = 19 a l bona fide membership fees, dues or assessments do not include i a e r 20 contributions made in exchange for membership in a charitable a t m m 21 organization unless membership confers rights and benefits in d r e 22 addition to receiving literature of the charitable c e s k 23 organization;
b r e t º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 2 - e a n e d r e l u [ A d solicitation, but does not include program service revenue or bona fide membership fees, dues or assessments;
e a n b 24 D.
provided that bona fide membership fees, dues or assessments do not include contributions made in exchange for membership in a charitable organization unless membership confers rights and benefits in addition to receiving literature of the charitable organization;
"educational institution" means:
SJCº D.
u [ (1) an entity organized and operated primarily .229559.1 - 2 - as a school, college or other instructional institution with a defined curriculum, student body and faculty, conducting classes on a regular basis;
"donation" means the voluntary transfer of nonperishable foods or goods without compensation to a nonprofit organization that is recognized as tax-exempt pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986, as amended, and operates primarily for charitable purposes;»SJC SJCºD.»SJC SJCºE.»SJC "educational institution" means:
and (2) auxiliary entities, including parent- teacher organizations, booster and support clubs that support, encourage or promote a school, college or other instructional institution and its defined curriculum, student body, faculty, facilities or activities;
(1) an entity organized and operated primarily h as a school, college or other instructional institution with a u » r defined curriculum, student body and faculty, conducting t h g e l i classes on a regular basis;
E.
and h r i s (2) auxiliary entities, including parent- h , e h teacher organizations, booster and support clubs that support, t u g e b l e e , gh encourage or promote a school, college or other instructional n d d i = = o h institution and its defined curriculum, student body, faculty, l ] b ,d i a º r facilities or activities;
"professional fundraiser" means a person that solicits or employs or directs others to solicit contributions from the public on behalf of a charitable organization in exchange for compensation and has custody or control of the contributions;
e r = t e w d m a n o SJCº F.
"for-profit collection of goods" means the d m :
b r e t º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 3 - e a n e d r e l u [ A d voluntary transfer of nonperishable foods or goods to an entity that is not tax-exempt pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986, as amended, and that may sell, resell or otherwise distribute goods for commercial purposes;»SJC SJCºE.»SJC SJCºG.»SJC "professional fundraiser" means a person that solicits or employs or directs others to solicit contributions from the public on behalf of a charitable organization in exchange for compensation and has custody or control of the contributions;
e t 17 F.
SJCº F.»SJC SJCºH.»SJC "professional fundraising counsel" means a person that provides services or employs or directs others to provide services for compensation to a h charitable organization in the solicitation of contributions, u » r including managing or preparing materials to be used in t h g e l i conjunction with [any ] a solicitation;
"professional fundraising counsel" means a w l n d 18 person that provides services or employs or directs others to = = 19 a l provide services for compensation to a charitable organization i a e r 20 in the solicitation of contributions, including managing or a t m m 21 preparing materials to be used in conjunction with [any] a d r e 22 solicitation;
provided that the person h r i s does not:
provided that the person does not:
h , e h (1) directly solicit contributions;
c e s k 23 (1) directly solicit contributions;
or t u g e b l e e , gh (2) receive, have access to or control any n d d i = = o h contribution received in response to the solicitation;
or e a n b 24 (2) receive, have access to or control any u [ contribution received in response to the solicitation;
provided l ] b ,d i a º r further that "professional fundraising counsel" does not e r = t e w d m a n o include a director, officer, bona fide employee or salaried d m :
provided .229559.1 - 3 - further that "professional fundraising counsel" does not include a director, officer, bona fide employee or salaried officer, volunteer, attorney, accountant or investment counselor of a charitable organization;
b r e t º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 4 - e a n e d r e l u [ A d officer, volunteer, attorney, accountant or investment counselor of a charitable organization;
G.
SJCº G.»SJC SJCºI.»SJC "religious organization" means a church, organization or group organized for the purpose of divine worship or religious teaching or other specific religious activity or any other organization that is formed in association with or to primarily encourage, support or promote the work, worship, fellowship or teaching of the church, organization or group;
"religious organization" means a church, organization or group organized for the purpose of divine worship or religious teaching or other specific religious activity or any other organization that is formed in association with or to primarily encourage, support or promote the work, worship, fellowship or teaching of the church, organization or group;
[and] SJCº H.»SJC SJCºJ.»SJC "solicit" or "solicitation" means [any] SJCºthe donation of nonperishable goods or»SJC a communication requesting a contribution Sfl1ºor donation of nonperishable goods»Sfl1 or offering an opportunity to participate in a game of chance, raffle or similar event with the representation that the contribution or participation will support a charitable purpose, and includes:
[and] H.
h (1) [any] a verbal request made in person or g o t hr by telephone, radio, television, electronic communication or g e i k other media;
"solicit" or "solicitation" means [any] the donation of nonperishable goods or a communication requesting a contribution or offering an opportunity to participate in a game of chance, raffle or similar event with the representation that the contribution or participation will support a e t 17 charitable purpose, and includes:
h r i s (2) [any ] a written or published request h , t, e u g mailed, sent, delivered, circulated, distributed, posted in a e b l e e h public place, advertised or communicated through any medium to n d d i = = o h the public;
w l n d 18 (1) [any] a verbal request made in person or = = 19 a l by telephone, radio, television, electronic communication or i a e r 20 other media;
l ] b ,d i a º e (3) [any ] a sale or attempt to sell a good or r i = r t e w d m a n o service;
a t m m 21 (2) [any] a written or published request d r e 22 mailed, sent, delivered, circulated, distributed, posted in a c e s k 23 public place, advertised or communicated through any medium to e a n b 24 the public;
and d m :
u [ (3) [any] a sale or attempt to sell a good or .229559.1 - 4 - service;
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 5 - e a n e d r e l u [ A d (4) [any] an invitation to attend an assembly, event, exhibition, performance or social gathering of any kind.
and (4) [any] an invitation to attend an assembly, event, exhibition, performance or social gathering of any kind.
A contribution is not required for a solicitation to have occurred, and "solicit" or "solicitation" does not include direct grants or allocation of funds received or solicited from [any ] an affiliated fundraising organization by a member agency or unsolicited contributions received from [any ] an individual donor, foundation, trust, governmental agency or other source, unless such contributions are received in conjunction with a solicitation drive;
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A contribution is not required for a solicitation to have occurred, and "solicit" or "solicitation" does not include direct grants or allocation of funds received or solicited from [any] an affiliated fundraising organization by a member agency or unsolicited contributions received from [any] an individual donor, foundation, trust, governmental agency or other source, unless such contributions are received in conjunction with a solicitation drive;
and SJCºI.»SJC SJCºK.»SJC "third-party solicitor" means a person that contracts with a charitable organization to facilitate the sale of nonperishable goods as a fundraising mechanism." SECTION STBTCº 3.»STBTC STBTCº2.»STBTC Section 57-22-6.1 NMSA 1978 (being Laws 1999, Chapter 124, Section 12) is amended h to read:
and I.
g o t hr "57-22-6.1.
"third-party solicitor" means a person that contracts with a charitable organization to facilitate the sale of nonperishable goods as a fundraising mechanism." SECTION 3.
PROFESSIONAL FUNDRAISERS AND THIRD-PARTY g e i k SOLICITORS--REGISTRATION.-- h r i s A.
Section 57-22-6.1 NMSA 1978 (being Laws 1999, Chapter 124, Section 12) is amended to read:
Professional fundraisers and third-party h , t, solicitors shall, before entering into a contract with [any] a e u g e b l e e h charitable organization, except a religious organization, to n d d i = = o h solicit for or on its behalf money, nonperishable goods or l ] b ,d i a º e other things of value:
e t 17 "57-22-6.1.
r i = r t e w d m a n o (1) register with the attorney general on a form d m :
PROFESSIONAL FUNDRAISERS AND THIRD-PARTY w l n d 18 SOLICITORS--REGISTRATION.-- = = 19 a l A.
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 6 - e a n e d r e l u [ A d provided by the attorney general, pay a registration fee of two hundred dollars ($200) and submit the names and addresses of all officers, employees, agents and contractors within five business days of their hiring or engagement;
Professional fundraisers and third-party i a e r 20 solicitors shall, before entering into a contract with [any] a a t m m 21 charitable organization, except a religious organization, to d r e 22 solicit for or on its behalf money, nonperishable goods or c e s k 23 other things of value:
(2) file with the attorney general a surety bond [pursuant to the Charitable Solicitations Act ] at the time of registration in the amount of twenty-five thousand dollars ($25,000);
e a n b 24 (1) register with the attorney general on a form u [ provided by the attorney general, pay a registration fee of two .229559.1 - 5 - hundred dollars ($200) and submit the names and addresses of all officers, employees, agents and contractors within five business days of their hiring or engagement;
(2) file with the attorney general a surety bond [pursuant to the Charitable Solicitations Act] at the time of registration in the amount of twenty-five thousand dollars ($25,000);
B.
h B.
The contract between [the] a professional e t 17 fundraiser and [the] a charitable organization shall clearly w l n d 18 describe the:
The contract between [the ] a professional g o t hr fundraiser and [the ] a charitable organization shall clearly g e i k describe the:
= = 19 a l (1) compensation and authority of the i a e r 20 professional fundraiser;
h r i s (1) compensation and authority of the h , t, professional fundraiser;
a t m m 21 (2) solicitation campaign;
e u g e b l e e h (2) solicitation campaign;
d r e 22 (3) location and telephone numbers from where c e s k 23 solicitations are intended to be conducted;
n d d i = = o h (3) location and telephone numbers from where l ] b ,d i a º e solicitations are intended to be conducted;
e a n b 24 (4) list of names and addresses of all u [ employees, agents or other persons who are to solicit during .229559.1 - 6 - the campaign;
r i = r t e w d m a n o (4) list of names and addresses of all d m :
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 7 - e a n e d r e l u [ A d employees, agents or other persons who are to solicit during the campaign;
(3) list of names and addresses of all officers and agents of the third-party solicitor and of all managers and supervisors in stores in New Mexico, by location;
(3) list of names and addresses of all officers and agents of the third-party solicitor and of all managers and h supervisors in stores in New Mexico, by location;
and e t 17 (4) other information the attorney general deems w l n d 18 necessary.
and g o t hr (4) other information the attorney general deems g e i k necessary.
= = 19 a l [C.] D.
h r i s [C.] D.
The charitable organization on whose behalf i a e r 20 the professional fundraiser or third-party solicitor is acting a t m m 21 shall certify that the contract and solicitation and other d r e 22 information and materials filed with the attorney general are c e s k 23 true and complete.
The charitable organization on whose behalf h , t, the professional fundraiser or third-party solicitor is acting e u g e b l e e h shall certify that the contract and solicitation and other n d d i = = o h information and materials filed with the attorney general are l ] b ,d i a º e true and complete.
e a n b 24 [D.] E.
r i = r t e w d m a n o [D.] E.
Within ten business days after receiving a u [ registration pursuant to this section, the attorney general .229559.1 - 7 - shall notify the professional fundraiser or third-party solicitor of any deficiencies in the registration, contract or bond;
Within ten business days after receiving a d m :
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 8 - e a n e d r e l u [ A d registration pursuant to this section, the attorney general shall notify the professional fundraiser or third-party solicitor of any deficiencies in the registration, contract or bond;
In addition to the late fee, a professional fundraiser or third-party solicitor who fails to comply with registration or reporting requirements shall be assessed an administrative penalty of two hundred dollars ($200) per violation." SECTION 4.
In addition to the late fee, a professional fundraiser or third-party solicitor who fails to comply with registration or reporting requirements shall be assessed an administrative penalty of two hundred dollars ($200) per violation." SECTION STBTCº 4.»STBTC STBTCº3.»STBTC Section 57-22-6.3 NMSA 1978 (being Laws 1999, Chapter 124, Section 14) is amended to read:
Section 57-22-6.3 NMSA 1978 (being Laws 1999, Chapter 124, Section 14) is amended to read:
GENERAL PROVISIONS--CHARITABLE ORGANIZATIONS--PROFESSIONAL FUNDRAISERS--THIRD-PARTY SOLICITORS--PROHIBITED PRACTICES.--A charitable organization or a professional fundraiser or third-party solicitor shall not:
GENERAL PROVISIONS--CHARITABLE ORGANIZATIONS--PROFESSIONAL FUNDRAISERS--THIRD-PARTY h SOLICITORS--PROHIBITED PRACTICES.--A charitable organization or g o t hr a professional fundraiser or third-party solicitor shall not:
e t 17 A.
g e i k A.
engage in deceptive fundraising or third-party w l n d 18 soliciting practices, meaning any false or misleading verbal or = = 19 a l written statement, description or representation of any kind i a e r 20 knowingly made in connection with a solicitation and that may, a t m m 21 tends to or does deceive or mislead [any] a person and d r e 22 includes:
engage in deceptive fundraising or third-party h r i s soliciting practices, meaning any false or misleading verbal or h , t, written statement, description or representation of any kind e u g e b l e e h knowingly made in connection with a solicitation and that may, n d d i = = o h tends to or does deceive or mislead [any ] a person and l ] b ,d i a º e includes:
c e s k 23 (1) using the name or likeness of [any] a person e a n b 24 in solicitation literature without the express written consent u [ of the person;
r i = r t e w d m a n o (1) using the name or likeness of [any ] a person d m :
provided that publication of previous .229559.1 - 8 - contributors' names to acknowledge their contributions shall not require their express written consent;
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 9 - e a n e d r e l u [ A d in solicitation literature without the express written consent of the person;
provided that publication of previous contributors' names to acknowledge their contributions shall not require their express written consent;
[and] (3) misrepresenting, confusing or misleading [any] a person to reasonably believe incorrectly that the contributions being solicited are or will be used for purposes, persons or programs in the state;
[and ] (3) misrepresenting, confusing or misleading [any] a person to reasonably believe incorrectly that the contributions being solicited are or will be used for purposes, persons or programs in the state;
[or] (4) misleading a person regarding sponsorship, endorsement or approval of the solicitation;
[or ] (4) misleading a person regarding sponsorship, endorsement or approval of the solicitation;
(5) representing that a charitable organization will receive a greater percentage of revenue than outlined in the professional fundraiser's or third-party solicitor's contract;
(5) representing that a charitable organization will receive a greater percentage of revenue than outlined in h the professional fundraiser's or third-party solicitor's g o t hr contract;
and e t 17 (6) failing to disclose the market value of w l n d 18 donated nonperishable goods to the charitable organization;
and g e i k (6) failing to disclose the market value of h r i s donated nonperishable goods to the charitable organization;
or = = 19 a l B.
or h , t, B.
collect or attempt to collect a contribution in i a e r 20 person or by courier [unless] if:
collect or attempt to collect a contribution in e u g e b l e e h person or by courier [unless ] if:
a t m m 21 (1) the solicitation and collection [or attempt d r e 22 to collect occur contemporaneously] occurs simultaneously;
n d d i = = o h (1) the solicitation and collection [or attempt l ] b ,d i a º e to collect occur contemporaneously] occurs simultaneously;
or c e s k 23 (2) the solicitation [includes] involves the e a n b 24 sale of goods or items and the collection [or attempt to u [ collect occurs contemporaneously] occurs simultaneously with .229559.1 - 9 - the delivery of the goods or items agreed to be purchased by the contributor." SECTION 5.
or r i = r t e w d m a n o (2) the solicitation [includes ] involves the d m :
Section 57-22-6.4 NMSA 1978 (being Laws 1999, Chapter 124, Section 15) is amended to read:
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 10 - e a n e d r e l u [ A d sale of goods or items and the collection [or attempt to collect occurs contemporaneously] occurs simultaneously with the delivery of the goods or items agreed to be purchased by the contributor." SECTION STBTCº 5.»STBTC STBTCº4.»STBTC Section 57-22-6.4 NMSA 1978 (being Laws 1999, Chapter 124, Section 15) is amended to read:
The professional fundraiser shall maintain a record of written commitments from recipients of donated tickets and provide those records to the attorney general upon request.
The professional fundraiser shall h maintain a record of written commitments from recipients of g o t hr donated tickets and provide those records to the attorney g e i k general upon request.
e t 17 B.
h r i s B.
All contributions of money received by the w l n d 18 professional fundraiser shall be deposited in an account at a = = 19 a l federally insured financial institution within two days after i a e r 20 receipt.
All contributions of money received by the h , t, professional fundraiser shall be deposited in an account at a e u g e b l e e h federally insured financial institution within two days after n d d i = = o h receipt.
The account shall be established and maintained in a t m m 21 the name of the charitable organization.
The account shall be established and maintained in l ] b ,d i a º e the name of the charitable organization.
Disbursements from d r e 22 the account shall be made upon warrants signed by an authorized c e s k 23 representative of the charitable organization and may also be e a n b 24 signed by the professional fundraiser.
Disbursements from r i = r t e w d m a n o the account shall be made upon warrants signed by an authorized d m :
u [ C.
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 11 - e a n e d r e l u [ A d representative of the charitable organization and may also be signed by the professional fundraiser.
The professional fundraiser shall include the .229559.1 - 10 - following information in its accounting required by Subsection A of this section to the charitable organization:
C.
The professional fundraiser shall include the following information in its accounting required by Subsection A of this section to the charitable organization:
(4) a description of the location and telephone numbers from which the solicitation campaign will be conducted if conducted by telephone;
h (4) a description of the location and telephone g o t hr numbers from which the solicitation campaign will be conducted g e i k if conducted by telephone;
e t 17 (5) an audio recording of each telephone w l n d 18 solicitation conducted by the professional fundraiser;
h r i s (5) an audio recording of each telephone h , t, solicitation conducted by the professional fundraiser;
= = 19 a l [(4)] (6) a record of expenses incurred by the i a e r 20 professional fundraiser that the charitable organization paid;
e u g e b l e e h [(4)] (6) a record of expenses incurred by the n d d i = = o h professional fundraiser that the charitable organization paid;
a t m m 21 [and] d r e 22 [(5)] (7) the name and address of each financial c e s k 23 institution and the account number of each account in which the e a n b 24 professional fundraiser deposited contributions received from u [ the solicitation;
l ] b ,d i a º e [and] r i = r t e w d m a n o [(5)] (7) the name and address of each financial d m :
.229559.1 - 11 - (8) the gross revenue received and an itemized list of expenses incurred;
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 12 - e a n e d r e l u [ A d institution and the account number of each account in which the professional fundraiser deposited contributions received from the solicitation;
(8) the gross revenue received and an itemized list of expenses incurred;
No later than ninety days after the completion of a solicitation campaign, the professional fundraiser shall provide a detailed financial report, including gross revenue and expenses, to the charitable organization and file a copy with the attorney general.
No later than ninety days after the completion of a solicitation campaign, the professional fundraiser shall provide a detailed financial report, including gross revenue h and expenses, to the charitable organization and file a copy g o t hr with the attorney general.
F.
g e i k F.
On a schedule provided in the contract with a e t 17 charitable organization, the third-party solicitor shall w l n d 18 account in writing to the charitable organization for the = = 19 a l market value of the total weight of goods donated within the i a e r 20 reporting period and a detailed financial report, including a t m m 21 gross revenue and expenses for the period.
On a schedule provided in the contract with a h r i s charitable organization, the third-party solicitor shall h , t, account in writing to the charitable organization for the e u g e b l e e h market value of the total weight of goods donated within the n d d i = = o h reporting period and a detailed financial report, including l ] b ,d i a º e gross revenue and expenses for the period.
The third-party d r e 22 solicitor shall file a copy of the report with the attorney c e s k 23 general.
The third-party r i = r t e w d m a n o solicitor shall file a copy of the report with the attorney d m :
e a n b 24 [E.] G.
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 13 - e a n e d r e l u [ A d general.
Every professional fundraiser, third-party u [ solicitor and charitable organization shall have either a .229559.1 - 12 - registered agent in the state or shall file a consent to service of process with the attorney general.
Sfl1ºThe report shall be available to the public on the state department of justice's website.»Sfl1 [E.] G.
The consent to service shall be in the form prescribed by the attorney general and shall be irrevocable." SECTION 6.
Every professional fundraiser, third-party solicitor and charitable organization shall have either a registered agent in the state or shall file a consent to service of process with the attorney general.
A new section of the Charitable Solicitations Act, Section 57-22-6.5 NMSA 1978, is enacted to read:
The consent to service shall be in the form prescribed by the attorney general and shall be irrevocable." SECTION STBTCº 6.»STBTC STBTCº5.»STBTC A new section of the Charitable Solicitations Act, Section 57-22-6.5 NMSA 1978, is enacted to read:
[NEW MATERIAL] COLLECTION RECEPTACLES-- INFORMATION REQUIRED.--The operator of a collection receptacle shall display the following information on the receptacle in clear and legible letters at least three inches in height:
[NEW MATERIAL] COLLECTION RECEPTACLES-- INFORMATION REQUIRED.--The operator of a collection receptacle shall display the following information on the Sfl1º outside of the»Sfl1 receptacle in Sfl1ºa conspicuous place in»Sfl1 clear and legible letters at least three inches in height:
A.
h A.
the name, address and telephone number of the charitable organization that will receive goods collected in the receptacle;
the name, address and telephone number of the g o t hr charitable organization that will receive goods collected in g e i k the receptacle;
B.
h r i s B.
if operated by a professional fundraiser or third-party solicitor, the name, address and telephone number of the professional fundraiser or third-party solicitor;
if operated by a professional fundraiser or h , t, e u g third-party solicitor, the name, address and telephone number e b l e e h of the professional fundraiser or third-party solicitor;
and e t 17 C.
and n d d i = = o h C.
a statement that financial arrangements between w l n d 18 the professional fundraiser or third-party solicitor and the = = 19 a l charitable organization are on file with the attorney general." i a e r 20 SECTION 7.
a statement that financial arrangements between l ] b ,d i a º e the professional fundraiser or third-party solicitor and the r i = r t e w d m a n o charitable organization are on file with the attorney general." d m :
Section 57-22-9.1 NMSA 1978 (being Laws 1999, a t m m 21 Chapter 124, Section 16) is amended to read:
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 14 - e a n e d r e l u [ A d SECTION STBTCº7.»STBTC STBTCº6.»STBTC Section 57-22-9.1 NMSA 1978 (being Laws 1999, Chapter 124, Section 16) is amended to read:
d r e 22 "57-22-9.1.
"57-22-9.1.
INVESTIGATIVE DEMAND--CIVIL PENALTY.-- c e s k 23 A.
INVESTIGATIVE DEMAND--CIVIL PENALTY.-- A.
Whenever the attorney general has reason to e a n b 24 believe that [any] a person may be in possession, custody or u [ control of information or documentary material, including an .229559.1 - 13 - original or copy of [any] a book, record, report, memorandum, paper, communication, tabulation, chart, photograph, mechanical transcription or other tangible document or recording, that the attorney general believes to be relevant to the subject matter of an investigation of a probable violation of the Charitable Solicitations Act, the attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand.
Whenever the attorney general has reason to believe that [any] a person may be in possession, custody or control of information or documentary material, including an original or copy of [any ] a book, record, report, memorandum, paper, communication, tabulation, chart, photograph, mechanical transcription or other tangible document or recording, that the attorney general believes to be relevant to the subject matter of an investigation of a probable violation of the Charitable Solicitations Act, the attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand.
The demand shall require the person to answer interrogatories or to produce documentary material and permit the inspection and copying of the material.
The demand shall require the person to answer interrogatories or to h produce documentary material and permit the inspection and g o t hr copying of the material.
The demand of the attorney general shall not be a matter of public record and shall not be published by [him] the attorney general except by order of the court.
The demand of the attorney general g e i k shall not be a matter of public record and shall not be h r i s published by [him ] the attorney general except by order of the h , t, court.
B.
e u g e b l e e h B.
(1) state the general subject matter of the e t 17 investigation;
n d d i = = o h (1) state the general subject matter of the l ] b ,d i a º e investigation;
w l n d 18 (2) describe with reasonable certainty the = = 19 a l information or documentary material to be provided;
r i = r t e w d m a n o (2) describe with reasonable certainty the d m :
i a e r 20 (3) identify the time period within which the a t m m 21 information or documentary material is to be provided, which in d r e 22 no case shall be less than ten days after the date of service c e s k 23 of the demand;
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 15 - e a n e d r e l u [ A d information or documentary material to be provided;
and e a n b 24 (4) state the date on which [any] documentary u [ material [shall be] is available for inspection and copying.
(3) identify the time period within which the information or documentary material is to be provided, which in no case shall be less than ten days after the date of service of the demand;
.229559.1 - 14 - C.
and (4) state the date on which [any ] documentary material [shall be ] is available for inspection and copying.
C.
(1) contain [any] a requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the state;
(1) contain [any ] a requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the state;
(2) require the disclosure of [any] documentary material that would be privileged or that for any other reason would not be required by a subpoena duces tecum by a court of the state;
(2) require the disclosure of [any ] documentary material that would be privileged or that for any other reason would not be required by a subpoena duces tecum by a court of the state;
or (3) require the removal of [any] documentary material from the custody of the person upon which the demand is served except in accordance with the provisions of Subsection E of this section.
or (3) require the removal of [any ] documentary h material from the custody of the person upon which the demand g o t hr is served except in accordance with the provisions of g e i k Subsection E of this section.
D.
h r i s D.
(1) delivering a duly executed copy of the demand to the person to be served or, if the person is not a natural person, to the registered or statutory agent for the e t 17 person to be served;
h , t, (1) delivering a duly executed copy of the e u g e b l e e h demand to the person to be served or, if the person is not a n d d i = = o h natural person, to the registered or statutory agent for the l ] b ,d i a º e person to be served;
w l n d 18 (2) delivering a duly executed copy of the = = 19 a l demand to the principal place of business in New Mexico of the i a e r 20 person to be served;
r i = r t e w d m a n o (2) delivering a duly executed copy of the d m :
or a t m m 21 (3) mailing by registered mail or certified d r e 22 mail a duly executed copy of the demand addressed to the person c e s k 23 to be served at [his] the person's principal place of business e a n b 24 in the state or, if the person has no place of business in the u [ state, to [his] the person's principal place of business.
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 16 - e a n e d r e l u [ A d demand to the principal place of business in New Mexico of the person to be served;
.229559.1 - 15 - E.
or (3) mailing by registered mail or certified mail a duly executed copy of the demand addressed to the person to be served at [his ] the person's principal place of business in the state or, if the person has no place of business in the state, to [his ] the person's principal place of business.
E.
Documentary material and its contents produced pursuant to a demand or answers to interrogatories shall not be produced for inspection or copying by anyone other than an authorized employee of the attorney general.
Documentary material and its contents produced pursuant to a demand or answers to interrogatories shall not be produced for inspection or copying by anyone other than an h authorized employee of the attorney general.
The district court in the county in which the person resides or has [his] the person's principal place of business or is about to perform or is performing the practice that is alleged to be unlawful [under] pursuant to the Charitable Solicitations Act may order documentary material, its contents or answers to interrogatories to be produced for inspection or copying by e t 17 someone other than an authorized employee of the attorney w l n d 18 general.
The district g o t hr court in the county in which the person resides or has [his ] g e i k the person's principal place of business or is about to perform h r i s or is performing the practice that is alleged to be unlawful h , t, [under ] pursuant to the Charitable Solicitations Act may order e u g e b l e e h documentary material, its contents or answers to n d d i = = o h interrogatories to be produced for inspection or copying by l ] b ,d i a º e someone other than an authorized employee of the attorney r i = r t e w d m a n o general.
= = 19 a l G.
d m :
At any time before the return date of the i a e r 20 demand, a petition to set aside the demand, modify the demand a t m m 21 or extend the return date on the demand may be filed in the d r e 22 district court in the county in which the person resides or has c e s k 23 [his] the person's principal place of business or is about to e a n b 24 perform or is performing the practice that is alleged to be u [ unlawful [under] pursuant to the Charitable Solicitations Act, .229559.1 - 16 - and the court upon showing of good cause may set aside the demand, modify it or extend the return date on the demand.
b e d s º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 17 - e a n e d r e l u [ A d G.
At any time before the return date of the demand, a petition to set aside the demand, modify the demand or extend the return date on the demand may be filed in the district court in the county in which the person resides or has [his ] the person's principal place of business or is about to perform or is performing the practice that is alleged to be unlawful [under ] pursuant to the Charitable Solicitations Act, and the court upon showing of good cause may set aside the demand, modify it or extend the return date on the demand.
In an action brought pursuant to the Charitable Solicitations Act, if the court finds that a person has violated a provision of that act or rules promulgated pursuant to that act, the attorney general may recover, on behalf of the state, a maximum civil penalty of five thousand dollars ($5,000) per violation.
In an action brought pursuant to the Charitable h Solicitations Act, if the court finds that a person has u » r violated a provision of that act or rules promulgated pursuant t h g e l i to that act, the attorney general may recover, on behalf of the h r i s state, a maximum civil penalty of five thousand dollars h , e h ($5,000) per violation.
K.
t u g e b l e e , gh K.
The attorney general may require a financial audit, conducted by an independent certified public accountant, e t 17 for any charitable organization, professional fundraiser or w l n d 18 third-party solicitor." = = 19 a l - 17 - i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229559.1
The attorney general may require a financial n d d i = = o h audit, conducted by an independent certified public accountant, l ] b ,d i a º r for any charitable organization, professional fundraiser or e r = t e w d m a n o third-party solicitor." d m :
b r e t º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k m e - 18 - e a n e d r e l u [ A d - 19 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .229559.1AIC March, 11 2025 (6:54pm) s k em e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. Sent to House Judiciary Committee

  3. passed Senate

  4. floor substitute adopted (1 amendment)

  5. DO PASS, as amended, committee report adopted

  6. DO PASS, as amended, committee report adopted

  7. Sent to Senate Tax, Business and Transportation Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

senate passage

Passed 32 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Democrat 20005
Republican 11004
Unaffiliated 1001
Total 320010
% of votes cast 76%0%0%24%
How each member voted (42)
Member Party Vote
PAUL — Yea
SEDILLO-LOPEZ — Not Voting
Angel M. Charley Democrat Not Voting
Antoinette Sedillo Lopez Democrat Yea
Antonio Maestas Democrat Yea
Benny Shendo, Jr. Democrat Yea
Carrie Hamblen Democrat Not Voting
Cindy Nava Democrat Yea
Elizabeth "Liz" Stefanics Democrat Not Voting
George K. Muñoz Democrat Yea
Harold Pope Democrat Not Voting
Heather Berghmans Democrat Yea
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Not Voting
Katy Duhigg Democrat Yea
Leo Jaramillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martin Hickey Democrat Yea
Micaelita Debbie O'Malley Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Natalie Figueroa Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Roberto "Bobby" J. Gonzales Democrat Yea
Shannon D. Pinto Democrat Yea
William P. Soules Democrat Yea
Anthony L. Thornton Republican Yea
Candy Spence Ezzell Republican Not Voting
Craig W. Brandt Republican Yea
Crystal Brantley Republican Yea
David M. Gallegos Republican Yea
Gabriel Ramos Republican Yea
James G. Townsend Republican Not Voting
Jay C. Block Republican Yea
Joshua A. Sanchez Republican Yea
Larry R. Scott Republican Not Voting
Nicole Tobiassen Republican Yea
Pat Boone Republican Not Voting
Pat Woods Republican Yea
Steve D. Lanier Republican Yea
William E. Sharer Republican Yea

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 259?
SB 259 is sponsored by Joy Garratt (Democrat) and Katy Duhigg (Democrat).
What is the current status of SB 259?
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 259?
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