SB 248 — LOBBYIST REGULATION & EXPENDITURE REPORTS

[G.][F.] K.J.

"lobbyist's employer" means the person whose interests are being represented and by whom a lobbyist is directly or indirectly retained, compensated or employed;

[G.

] K.

"payee" means the vendor,SRCºvendor, service provider or entityentity»SRC SRCºperson»SRC to whom payment was made for an h expenditure;

g o t hr [H.] M.

"person" means anSRCºan individual,individual»SRC SRCºa g e i k person»SRC , partnership, association, committee, federal, h r i s state or local governmental entity or agency, however h , t, e u g constituted, public or private corporation or any other e b l e e h organization or group of persons who are voluntarily acting in n d d i = = o h concert;

[I.]l N.] b ,d i a º e [I.

"political] contribution"N. means a gift, subscription, loan, advance or deposit of [any] money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for the purpose of influencing a primary, general or statewide election, including e t 17 a constitutional or other question submitted to the voters, or w l n d 18 for the purpose of paying a debt incurred in any such election;

="political contribution" means a gift, r i = 19r t e w d m a ln [J.]o O.subscription, loan, advance or deposit of [any ] money or other d m :

"prescribedb form"e meansd as formº preparedo andt in = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e - 5 - e a n e d r 20e prescribedl byu [ A d thing of value, including the secretaryestimated value of state;an in-kind contribution, that is made or received for the purpose of influencing a primary, general or statewide election, including a constitutional or other question submitted to the voters, or for the purpose of paying a debt incurred in any such election;

a[J.] tO. m m 21 [K.] P.

"rulemaking"prescribed proceeding"form" means a formalform dprepared rand eprescribed 22 process conducted by a state agency, board or commission for c e s k 23 the purposesecretary of adoptingstate; a rule, regulation, standard, policy or e a n b 24 other requirement of general applicability and does not include u [ adjudicatory proceedings;

and[K.] .229935.2SAP. - 5 - [L.] Q.

"rulemaking proceeding" means a formal process conducted by a state agency, board or commission for the purpose of adopting a rule, regulation, standard, policy or other requirement of general applicability and does not include adjudicatory proceedings;

and [L.] Q.

Section 2-11-6 NMSA 1978 (being Laws 1977, h Chapter 261, Section 6, as amended) is amended to read:

g o t hr "2-11-6.

EXPENDITURE REPORT TO BE FILED--CONTENTS-- g e i k REPORTING PERIODS.-- h r i s A.

Each lobbyist who receives compensation or h , t, lobbyist's employer who makes or incurs expenditures or makes e u g e b l e e h political contributions for the benefit of or in opposition to an stated legislatord ori candidate= for= theo stateh legislature, a state publiclegislator officer or candidate for the state publiclegislature, office, a boardl or] commissionb member,d ori statea employeeº whoe isstate involvedpublic inofficer an official action affecting the lobbyist's employer or incandidate supportfor ofstate orpublic inoffice, opposition to a ballotr issuei or= pendingr legislationt or official action shall file an expenditure report e tw 17d withm thea secretary of state using an electronic reporting w l n do 18board systemor approvedcommission bymember theor secretary of state inemployee accordancewho withis =involved =in 19d am l: Section 2-11-7 NMSA 1978.

Theb expendituree reportd shalls includeº io t n = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e - 6 - e a n e d r 20e l u [ A d an official action affecting the lobbyist's employer or in support of or in opposition to a swornballot statementissue thator setspending forth:legislation or official action shall file an expenditure report with the secretary of state using an electronic reporting system approved by the secretary of state in accordance with Section 2-11-7 NMSA 1978.

aThe texpenditure mreport mshall 21include (1) [the cumulative total of all individual d r e 22 expenditures of less than one hundred dollars ($100) made or c e s k 23 incurred by the employer or lobbyist during the covered e a nsworn bstatement 24that reportingsets period,forth: separated into the following categories:

u(1) [[the (a)cumulative mealstotal andof beverages;all individual expenditures of less than one hundred dollars ($100) made or incurred by the employer or lobbyist during the covered reporting period, separated into the following categories:

.229935.2SA - 6 - (b) other entertainment expenditures;

and (c) other expenditures;

(2)] for each individual expenditure of [one hundred dollars ($100)] fifty dollars ($50.00) or more made or incurred by the [employer or] lobbyist during the covered reporting period:

[indicating the amount spent and a description of the expenditure.

The list shall be separated into the following categories:

and (c) other expenditures]expenditures; (a) the date on which the expenditure was made;

(2)] for each individual expenditure of [one h hundred dollars ($100)] fifty dollars ($50.00) or more made or g o t hr incurred by the [employer or ] lobbyist during the covered g e i k reporting period:

[indicating the amount spent and a h r i s description of the expenditure.

The list shall be separated h , t, into the following categories:

e u g e b l e e h (a) meals and beverages;

n d d i = = o h (b) other entertainment expenditures;

l ] b ,d i a º e and r i = r t e w d m a n o (c) other expenditures] d m :

b e d s º o t n = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e - 7 - e a n e d r e l u [ A d (a) the date on which the expenditure was made;

e t 17 (c) the beneficiary of the expenditure;

w l n d 18 (d) the contractual client;

= = 19 a l (e) the beneficial client;

i a e r 20 (f) the purpose of the expenditure, a t m m 21 including:

1) identification of the legislation, including d r e 22 specific bill numbers where applicable, connected to the c e s k 23 expenditure;

2) identification of the stance taken in e a n b 24 connection with the specific lobbying effort tied to the u [ expenditure, including supporting, opposing, amending orSRCºor»SRC .229935.2SASRCºand»SRC - 7 - monitoring;

and h (g) the amount spent and a description g o t hr of the expenditure;

g e i k [(3)] (2) each political contribution made and h r i s whether the contribution is from the [lobbyist's employer]employer ] h , t, beneficial client or the lobbyist on the lobbyist's own behalf, e u g e b l e e h identified by amount, date and name of the candidate or ballot n d d i = = o h issue supported or opposed;

and [(4)]l (3)] theb names,,d addresses,i employersa andº occupationse of[(4)] other(3) contributors and the amountsnames, ofaddresses, theiremployers separateand politicalr contributionsi if= ther lobbyistt ore lobbyist'sw employerd deliversm directlya orn indirectlyo separateoccupations contributionsof fromother those contributors toand a candidate, a campaign committee or anyone authorized by a candidate to receive funds on the eamounts tof 17their candidate'sd behalf.m :

wb le d s º o t n = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e - 8 - e a n e d 18r B.e l u [ A d separate political contributions if the lobbyist or lobbyist's employer delivers directly or indirectly separate contributions from those contributors to a candidate, a campaign committee or anyone authorized by a candidate to receive funds on the candidate's behalf.

TheB. expenditure report shall be filed = = 19 a l electronically and shall be electronically authenticated by the i a e r 20 lobbyist or the lobbyist's employer using an electronic a t m m 21 signature as prescribed by the secretary of state in d r e 22 conformance with the Electronic Authentication of Documents Act c e s k 23 and the Uniform Electronic Transactions Act.

ForThe theexpenditure purposesreport eshall abe nfiled belectronically 24and ofshall thebe Lobbyist Regulation Act, a report that is electronically u [ authenticated inby accordance with the provisionslobbyist ofor thisthe .229935.2SAlobbyist's -employer 8using -an subsectionelectronic shallsignature beas deemedprescribed toby havethe beensecretary subscribedof andstate swornin toconformance bywith the lobbyistElectronic orAuthentication theof lobbyist'sDocuments employerAct thatand isthe requiredUniform toElectronic fileTransactions theAct. report.

C.For the purposes of the Lobbyist Regulation Act, a report that is electronically authenticated in accordance with the provisions of this subsection shall be deemed to have been subscribed and sworn to by the lobbyist or the lobbyist's employer that is required to file the report.

Inh identifyingC. expenditures pursuant to the provisions of [Paragraphs] Paragraph (1) [and (2)] of Subsection A of this section, in the case of special events, including parties, dinners, athletic events, entertainment and other functions, to which all members of the legislature, to which all members of either house or any legislative committee or to which all members of a board or commission are invited, expenses need not be allocated to each individual who attended, but the date, location, name of the body invited and total expenses incurred shall be reported.

In identifying expenditures pursuant to the u » r provisions of [Paragraphs ] Paragraph (1) [and (2)] of t h g e l i Subsection A of this section, in the case of special events, h r i s including parties, dinners, athletic events, entertainment and h , e h other functions, to which all members of the legislature, to t u g e b l e e , gh which all members of either house or any legislative committee n d d i = = o h or to which all members of a board or commission are invited, l ] b ,d i a º r expenses need not be allocated to each SRCº individual»SRC e r = t e w d m a n o SRCºperson»SRC who attended, but the date, location, name of d m :

b r e t º o t n = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e - 9 - e a n e d r e l u [ A d the body invited and total expenses incurred shall be reported.

A lobbyist who accepts compensation for lobbying but does not incur expenditures or make political contributions during a reporting period may file a statement of no activity e t 17 in lieu of a full report for that period in accordance with the w l n d 18 reporting schedule in Subsection E of this section.

= = 19 a l E.

The reports required pursuant to the provisions i a e r 20 of the Lobbyist Regulation Act shall be filed:

a t m m 21 (1) no later than January 15 for all d r e 22 expenditures and political contributions made or incurred c e s k 23 during the preceding year and not previously reported;

e a n b 24 (2) within forty-eight hours for each separate u [ expenditure made or incurred during a legislative session that .229935.2SA - 9 - was for five hundred dollars ($500) or more;

(3) no later than the first Wednesday after the first Monday in May for all expenditures and political h contributions made or incurred through the first Monday in May u » r of the current year and not previously reported;

and t h g e l i (4) no later than the first Wednesday after h r i s the first Monday in October for all expenditures and political h , e h contributions made or incurred through the first Monday in t u g e b l e e , gh October of the current year and not previously reported.

n d d i = = o h F.

A lobbyist's personal living expenses and the l ] b ,d i a º r expenses incidental to establishing and maintaining an office e r = t e w d m a n o in connection with lobbying activities or compensation paid to ad lobbyistm by: a lobbyist's employer need not be reported.

b r e t º o t n = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e - 10 - e a n e d r e l u [ A d a lobbyist by a lobbyist's employer need not be reported.

A lobbyist or lobbyist's employer shall obtain and preserve all records, accounts, bills, receipts, books, papers and documents necessary to substantiate the financial e t 17 statements required to be made under the Lobbyist Regulation w l n d 18 Act for a period of two years from the date of filing of the = = 19 a l report containing such items.

When the lobbyist is required i a e r 20 under the terms of the lobbyist's employment to turn over any a t m m 21 such records to the lobbyist's employer, responsibility for the d r e 22 preservation of them as required by this section and the filing c e s k 23 of reports required by this section shall rest with the e a n b 24 employer.

Such records shall be made available to the u [ secretary of state or attorney general upon written request.

.229935.2SA - 10 - H.

A lobbyist and the lobbyist's employer shall coordinate their h reporting to ensure that the contributions and expenditures u » r that each have reported are not duplicative.

t h g e l i I.

An organization of two or more persons, h r i s including SRCº an individualindividual»SRC SRCºa person»SRC who makes h , e h any representation as being an organization, that within one t u g e b l e e , gh calendar year expends funds in excess of two thousand five n d d i = = o h hundred dollars ($2,500) not otherwise reported under the l ] b ,d i a º r Lobbyist Regulation Act to conduct an advertising campaign for e r = t e w d m a n o the purpose of lobbying shall register with the secretary of stated withinm forty-eight: hours after expending two thousand five hundred dollars ($2,500).

Suchb registrationr shalle indicatet theº nameo oft then organization= and.229935.2SAAIC theFebruary names,24, addresses2025 and(8:40pm) occupationss ofk anym ofe its- principals,11 organizers- ore officersa andn shalle included ther name e tl 17u of[ anyA lobbyistd orstate lobbyist'swithin employerforty-eight whohours isafter aexpending membertwo ofthousand thefive whundred ldollars n($2,500). d 18 organization.

WithinSuch fifteenregistration daysshall afterindicate athe legislativename session,of = = 19 a l the organization shalland report the contributions,names, pledgesaddresses to i a e r 20 contribute, expenditures and commitmentsoccupations toof expendany forof theits aprincipals, torganizers mor mofficers 21and advertisingshall campaigninclude for the purposename of lobbying,any includinglobbyist theor dlobbyist's remployer ewho 22is names,a addresses,member employers and occupations of the corganization. e s k 23 contributors, to the secretary of state on a prescribed form." e a n b 24 - 11 - u [ .229935.2SA

Within fifteen days after a legislative session, the organization shall report the contributions, pledges to contribute, expenditures and commitments to expend for the advertising campaign for the purpose of lobbying, including the names, addresses, employers and occupations of the contributors, to the secretary of state on a prescribed form." - 12 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .229935.2SAAIC February 24, 2025 (8:40pm) s k m e e a n e d r e l u [ A d