HOUSE BILL 284

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Keith J. Gardner

AN ACT

RELATING TO CHARITABLE ORGANIZATIONS; REQUIRING CERTAIN ORGANIZATIONS TO FILE INFORMATION WITH THE SECRETARY OF STATE; PROVIDING FOR PUBLIC ACCESS TO THE INFORMATION; PROVIDING A CIVIL PENALTY FOR NONCOMPLIANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. CHARITABLE ORGANIZATIONS--INFORMATION TO BE FILED WITH THE SECRETARY OF STATE--PUBLIC ACCESS.--

          A. Unless exempt pursuant to Subsection B of this section, no later than May 1 of each year, each charitable organization shall file the following information with the secretary of state:

                (1) the total amount expended during the preceding calendar year for lobbying and the recipient of each expenditure;

                (2) the total amount of political contributions made during the preceding calendar year and the recipient of each contribution;

                (3) the total amount expended for voter education in the preceding calendar year and the recipient of each expenditure;

                (4) the total amount expended on political advocacy during the preceding calendar year and the recipient of each expenditure; and

                (5) the total compensation paid to each director and officer during the preceding calendar year.

          B. The reporting requirements of Subsection A of this section do not apply to a charitable organization that has not made any expenditures described in Paragraphs (1) through (4) of that subsection during the previous two calendar years.

          C. The secretary of state shall develop and maintain a web site with a searchable database that contains all information submitted pursuant to Subsection A of this section.

          D. Any person who files a report after the deadline imposed by this section or any person who files a false or incomplete report shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the report until the complete report is filed. The secretary of state may refer a matter to the attorney general or a district attorney for a civil injunctive or other appropriate order or enforcement.

          E. As used in this section:

                (1) "charitable organization" means any entity that has been granted exemption from the federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or identifies itself to the public as having a charitable purpose;

                (2) "lobbying" means attempting to influence a decision related to any matter to be considered or being considered by:

                     (a) the legislative branch of state government or any legislative committee;

                     (b) the executive branch of state government, including its officials and agencies; or

                     (c) the governing body, an agency, an employee or an official of a political subdivision of the state;

                (3) "political advocacy" means a position disseminated to the public either in print, by radio or television broadcast or by any other electronic means, including but not limited to advertisements, telephonic communications and direct or bulk mailings or other dissemination of printed materials, that:

                     (a) advocates a position or purports to educate the public on any matter to be considered or being considered by: 1) the legislative branch of state government or any legislative committee; 2) the executive branch of state government, including its officials and agencies; or 3) the governing body, an agency, an employee or an official of a political subdivision of the state; or

                     (b) criticizes, supports or purports to educate the public on a position taken by: 1) an elected official of the state or a political subdivision of the state; or 2) a candidate for an elected office of the state or a political subdivision of the state; and

                (4) "political contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value that is made for:

                     (a) the support of a candidate for an elected office of the state or a political subdivision of the state; or

                     (b) political advocacy.

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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