HOUSE BILL 313
53rd legislature - STATE OF NEW MEXICO - second session, 2018
Elizabeth "Liz" Thomson and Jim Dines and Angelica Rubio
RELATING TO LOBBYISTS; REQUIRING THAT LOBBYISTS PARTICIPATE IN ANNUAL TRAINING TO PREVENT SEXUAL HARASSMENT; ALLOWING THE SECRETARY OF STATE TO ACCEPT, INVESTIGATE AND RESPOND TO COMPLAINTS OF SEXUAL HARASSMENT BY LOBBYISTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Lobbyist Regulation Act is enacted to read:
"[NEW MATERIAL] TRAINING TO PREVENT SEXUAL HARASSMENT.--A lobbyist shall not engage in lobbying without having participated, within the past year, in a sexual harassment prevention training program lasting at least three hours and:
A. sponsored by the secretary of state;
B. sponsored by an employer of the lobbyist and conducted by a person qualified to conduct that training; or
C. conducted by a certified human resources professional."
SECTION 2. A new section of the Lobbyist Regulation Act is enacted to read:
"[NEW MATERIAL] REPORTING OF SEXUAL HARASSMENT--INVESTIGATION BY SECRETARY OF STATE.--A person who alleges that a lobbyist has engaged in behavior toward the person that constitutes sexual harassment may report the allegation to the secretary of state. The secretary of state may make a record of the allegation, cause an impartial investigation of the allegation to be conducted and may, as authorized by law, take action in response to the findings of the investigation. The individuals involved in making that record and in conducting that investigation shall protect from public disclosure the identity of the person who made the allegation."
SECTION 3. Section 2-11-2 NMSA 1978 (being Laws 1977, Chapter 261, Section 2, as amended) is amended to read:
"2-11-2. DEFINITIONS.--As used in the Lobbyist Regulation Act:
A. "compensation" means any money, per diem, salary, fee or portion thereof or the equivalent in services rendered or in-kind contributions received or to be received in return for lobbying services performed or to be performed;
B. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value, but does not include a lobbyist's own personal living expenses and the expenses incidental to establishing and maintaining an office in connection with lobbying activities or compensation paid to a lobbyist by a lobbyist's employer;
C. "legislative committee" means a committee created by the legislature, including interim and standing committees of the legislature;
D. "lobbying" means attempting to influence:
(1) a decision related to any matter to be considered or being considered by the legislative branch of state government or any legislative committee or any legislative matter requiring action by the governor or awaiting action by the governor; or
(2) an official action;
E. "lobbyist" means any individual who is compensated for the specific purpose of lobbying; is designated by an interest group or organization to represent it on a substantial or regular basis for the purpose of lobbying; or in the course of [his] employment, is engaged in lobbying on a substantial or regular basis. "Lobbyist" does not include:
(1) an individual who appears on [his] the individual's own behalf in connection with legislation or an official action;
(2) [any] an elected or appointed officer of the state or its political subdivisions or an Indian nation, tribe or pueblo acting in [his] the officer's official capacity;
(3) an employee of the state or its political subdivisions, specifically designated by an elected or appointed officer of the state or its political subdivision, who appears before a legislative committee or in a rulemaking proceeding only to explain the effect of legislation or a rule on [his] the designated employee's agency or political subdivision, provided the elected or appointed officer of the state or its political subdivision keeps for public inspection and files with the secretary of state such designation;
(4) [any] a designated member of the staff of an elected state official, provided the elected state official keeps for public inspection and files with the secretary of state such designation;
(5) a member of the legislature, the staff of [any] a member of the legislature or the staff of [any] a legislative committee when addressing legislation;
(6) [any] a witness called by a legislative committee or administrative agency to appear before that legislative committee or agency in connection with legislation or an official action;
(7) an individual who provides only oral or written public testimony in connection with a legislative committee or in a rulemaking proceeding and whose name and the interest on behalf of which [he] the individual testifies have been clearly and publicly identified; or
(8) a publisher, owner or employee of the print media, radio or television, while gathering or disseminating news or editorial comment to the general public in the ordinary course of business;
F. "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. "official action" means the action or nonaction of a state official or state agency, board or commission acting in a rulemaking proceeding;
H. "person" means an individual, partnership, association, committee, federal, state or local governmental entity or agency, however constituted, public or private corporation or any other organization or group of persons who are voluntarily acting in concert;
I. "political contribution" 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 a constitutional or other question submitted to the voters, or for the purpose of paying a debt incurred in any such election;
J. "prescribed form" means a form prepared and prescribed by the secretary of state;
K. "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. "sexual harassment" means conduct consisting of unwelcome sexual advances or requests for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature when:
(1) submission to or rejection of that conduct by a person is used as the basis for decisions or actions related to the support or opposition of legislation or to the engagement in legislative processes; or
(2) that conduct has the purpose or effect of interfering with a person's work or engagement in legislative processes or of creating an intimidating, hostile or offensive environment in which to work or engage in legislative processes; and
[L.] M. "state public officer" means a person holding a statewide office provided for in the constitution of New Mexico."
SECTION 4. Section 2-11-3 NMSA 1978 (being Laws 1977, Chapter 261, Section 3, as amended) is amended to read:
"2-11-3. REGISTRATION STATEMENT TO BE FILED--CONTENTS--MODIFICATION TO STATEMENT.--
A. In the month of January prior to each regular session or before any service covered by the Lobbyist Regulation Act commences, any individual who is initially employed or retained as a lobbyist shall register with the secretary of state by paying an annual filing fee of fifty dollars ($50.00) for each of the lobbyist's employers and by filing a single registration statement under oath in an electronic format as prescribed by the secretary of state that [states]:
(1) states the lobbyist's full name, permanent business address and business address while lobbying; [and]
(2) states the name and address of each of the lobbyist's employers; and
(3) affirms that the lobbyist has undergone training to prevent sexual harassment as required by Section 1 of this 2018 act.
B. No registration fee shall be required of individuals receiving only reimbursement of personal expenses and no other compensation or salary for lobbying. Except as required by Subsection D of Section 2-11-6 NMSA 1978, no expenditure report shall be required if the lobbyist anticipates making or incurring and makes or incurs no expenditures or political contributions under Section 2-11-6 NMSA 1978. The lobbyist shall indicate in the lobbyist's registration statement whether those circumstances apply to the lobbyist.
C. Upon receipt of the online registration and payment, the secretary of state shall publish the registration information on the secretary of state's lobbying disclosure website.
D. For each employer listed in Paragraph (2) of Subsection A of this section, the lobbyist shall file the following information:
(1) a full disclosure of the sources of funds used for lobbying;
(2) an affirmation from each of the lobbyist's employers authorizing the lobbyist to lobby on the employer's behalf;
(3) a brief description of the matters in reference to which the service is to be rendered; and
(4) the name and address of the person, if other than the lobbyist or the lobbyist's employer, who will have custody of the accounts, bills, receipts, books, papers and documents required to be kept under the provisions of the Lobbyist Regulation Act.
E. For each succeeding year that an individual is employed or retained as a lobbyist by the same employer, and for whom all the information disclosed in the initial registration statement remains substantially the same, the lobbyist shall file a simple annual registration renewal in January and pay the fifty-dollar ($50.00) filing fee for each of the lobbyist's employers together with a short, abbreviated prescribed form for renewal.
F. Whenever there is a modification of the facts required to be set forth by this section or there is a termination of the lobbyist's employment as a lobbyist before the end of the calendar year, the lobbyist shall notify the secretary of state using the electronic registration system within one week of such occurrence and shall furnish full information concerning the modification or termination. If the lobbyist's employment terminates at the end of a calendar year, no separate termination need be reported."
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