HOUSE BILL 535

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Eleanor Chavez

AN ACT

RELATING TO LOBBYIST REGULATION; REQUIRING THE ISSUANCE AND DISPLAY OF LOBBYIST IDENTIFICATION BADGES FOR REGISTERED LOBBYISTS; INCREASING THE ANNUAL FILING FEE FOR LOBBYISTS PAID TO THE SECRETARY OF STATE.

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] LOBBYIST IDENTIFICATION BADGES REQUIRED.--

          A. Upon the filing of a registration statement pursuant to Section 2-11-3 NMSA 1978, the secretary of state shall issue to each registered lobbyist an identification badge that shall contain in plain, bold and legible letters the word "Lobbyist" and the name of the lobbyist. The badge shall also contain in plain legible letters the year and the names of all of the lobbyist's employers. The secretary of state shall change the color of the badge each year.

          B. Every registered lobbyist shall conspicuously display the identification badge on the lobbyist's clothing while in the state capitol during a regular session, special session, extraordinary session or interim committee meeting of the legislature.

          C. The secretary of state shall collect a fee of ten dollars ($10.00) for the issuance of a duplicate lobbyist identification badge."

     Section 2. 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 [twenty-five dollars ($25.00)] thirty-five dollars ($35.00) for each of the lobbyist's employers and by filing a single registration statement under oath on a prescribed form showing:

                (1) the lobbyist's full name, permanent business address and business address while lobbying; and

                (2) the name and address of each of the lobbyist's employers.

          B. No registration fee shall be required of individuals receiving only reimbursement of personal expenses and no other compensation or salary for lobbying. No expenditure statement required by Section 2-11-6 NMSA 1978 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 [his] the lobbyist's registration statement whether those circumstances apply to [him] the lobbyist.

          C. 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) a written statement from each of the lobbyist's employers authorizing [him] 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 [his] 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.

          D. 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 [twenty-five-dollar ($25.00)] thirty-five- dollar ($35.00) filing fee for each of the lobbyist's employers together with a short, abbreviated prescribed form for renewal.

          E. 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 within one month 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 report need be filed."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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