0001|                           SENATE BILL 569
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          RICHARD M. ROMERO
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO ELECTIONS; ENACTING THE CITIZENS' ELECTION ACT;
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0012|     PROVIDING FOR PUBLIC FINANCING OF ELECTION CAMPAIGNS FOR THE
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0013|     OFFICE OF STATE AUDITOR AS A PILOT PROJECT; CREATING A FUND;
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0014|     IMPOSING A PENALTY; AMENDING AND ENACTING SECTIONS OF THE NMSA
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0015|     1978; MAKING AN APPROPRIATION.
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0016|          
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0019|     through 8 of this act may be cited as the "Citizens' Election
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0020|     Act".
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0021|          Section 2.  [<u>NEW MATERIAL</u>]  PURPOSE OF ACT.--The purpose
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0022|     of the Citizens' Election Act is to invest in good government
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0023|     by using public funds to reduce overall campaign expenditures,
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0024|     lessen the influence of contributions from private sources and
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0025|     encourage new political candidates.  The Citizens' Election Act
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0001|     provides a public financing pilot project for the office of
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0002|     state auditor.
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0003|          Section 3.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0004|     Citizens' Election Act:
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0005|               A.  "certified candidate" means a candidate running
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0006|     for the office of state auditor who is certified by the
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0007|     secretary as a Citizens' Election Act candidate;
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0008|               B.  "contribution" means that term as defined in the
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0009|     Campaign Reporting Act;
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0010|               C.  "election cycle" means the period beginning 
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0011|     April 1 of the year of the election and ending three days after
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0012|     the general election;
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0013|               D.  "fund" means the citizens' election fund;
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0014|               E.  "nonparticipating candidate" means a candidate
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0015|     running for the office of state auditor who does not choose to
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0016|     participate in the Citizens' Election Act public financing
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0017|     pilot project and who is not seeking to be certified as a
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0018|     Citizens' Election Act candidate;
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0019|               F.  "participating candidate" means a candidate
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0020|     running for the office of state auditor who has filed a
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0021|     declaration of intent to participate in the Citizens' Election
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0022|     Act public financing pilot project and who is seeking to be
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0023|     certified as a Citizens' Election Act candidate;
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0024|               G.  "qualifying contribution" means a donation of
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0025|     five dollars ($5.00) in the form of a check or a money order
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0001|     payable to the fund in support of a candidate;
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0002|               H.  "qualifying period" means the period beginning
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0003|     on 
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0004|     January 1 of the year of the election and ending on March 31 of
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0005|     the year of the election;
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0006|               I.  "secretary" means the secretary of state;
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0007|               J.  "seed money" means a cash contribution of no
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0008|     more than one hundred dollars ($100) per contributor per
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0009|     candidate, including a contribution from the candidate or a
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0010|     member of the candidate's family; and
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0011|               K.  "task force" means the citizens' election task
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0012|     force.
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0013|          Section 4.  [<u>NEW MATERIAL</u>]  TERMS OF PARTICIPATION--
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0014|     DECLARATION OF INTENT--SEED MONEY--QUALIFYING CONTRIBUTIONS--
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0015|     FILING--CERTIFICATION--FUND DISTRIBUTION.--
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0016|               A.  A person who chooses to participate in the
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0017|     Citizens' Election Act public financing pilot project shall
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0018|     file with the secretary a declaration of intent to be a
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0019|     participating candidate.  The declaration of intent shall be
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0020|     filed with the secretary no more than fourteen days prior to or
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0021|     during the qualifying period, except as provided in Subsection
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0022|     N of this section, on forms and according to procedures
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0023|     developed by the secretary.  A participating candidate shall
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0024|     submit a declaration of intent prior to collecting seed money
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0025|     or qualifying contributions.  A candidate who files a
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0001|     declaration of intent shall swear or affirm that the candidate
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0002|     has complied with and shall continue to comply with Citizens'
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0003|     Election Act contribution and expenditure limits and shall
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0004|     comply with all other requirements of that act.
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0005|               B.  Subsequent to filing a declaration of intent, a
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0006|     participating candidate may not accept contributions except for
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0007|     seed money and qualifying contributions.  A participating
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0008|     candidate shall limit seed money expenditures to no more than
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0009|     two thousand five hundred dollars ($2,500).  A candidate may
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0010|     collect and spend seed money contributions subsequent to filing
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0011|     a declaration of intent to participate with the secretary and
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0012|     throughout the qualifying period.  A candidate may not collect
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0013|     or spend seed money after certification as a Citizens' Election
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0014|     Act candidate.  Seed money may be used to enable a candidate to
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0015|     collect qualifying contributions.
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0016|               C.  Qualifying contributions from at least two
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0017|     hundred fifty registered voters of this state are required in
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0018|     order for a participating candidate to become a certified
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0019|     candidate pursuant to provisions of the Citizens' Election Act. 
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0020|     No payment, gift or anything of value may be given in exchange
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0021|     for a qualifying contribution.  The secretary shall deposit all
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0022|     qualifying contributions into the fund.  A qualifying
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0023|     contribution may only be made by a registered voter during the 
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0024|     qualifying period and shall be acknowledged by a written
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0025|     receipt that includes the name and address of the donor.  A
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0001|     qualifying contribution shall be submitted to the participating
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0002|     candidate and filed with the secretary during the qualifying
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0003|     period.
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0004|               D.  No later than three days after receipt of two
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0005|     hundred fifty qualifying contributions on behalf of a
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0006|     participating candidate, the secretary shall certify a
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0007|     participating candidate who has complied with requirements of
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0008|     this subsection.  In order to be certified, candidates shall
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0009|     have: 
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0010|                    (1)  filed a declaration of intent to
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0011|     participate in the Citizens' Election Act public financing
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0012|     pilot project;
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0013|                    (2)  submitted the appropriate number of
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0014|     qualifying contributions;
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0015|                    (3)  complied with seed money contribution and
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0016|     expenditure restrictions; and
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0017|                    (4)  otherwise met the requirements for
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0018|     participation in the Citizens' Election Act public financing
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0019|     pilot project.
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0020|               E.  Upon certification, a certified candidate shall
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0021|     transmit to the secretary the balance of unspent seed money for
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0022|     deposit into the fund.
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0023|               F.  Certified candidates shall limit campaign
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0024|     expenditures and debts to the amount of revenues distributed to
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0025|     the certified candidate from the fund.  A certified candidate
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0001|     may accept up to a total of ten thousand dollars ($10,000) of
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0002|     in-kind contributions during the qualifying period and election
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0003|     cycle.  All revenues distributed from the fund to a certified
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0004|     candidate shall be used for campaign-related purposes.
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0005|               G.  The secretary shall distribute to certified
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0006|     candidates the following amounts from the fund:
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0007|                    (1)  within three days after certification,
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0008|     seventeen thousand dollars ($17,000) for primary elections; and
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0009|                    (2)  within three days after the primary,
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0010|     seventeen thousand dollars ($17,000) for contested general
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0011|     elections.  Money from the fund shall not be distributed for
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0012|     uncontested general elections.
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0013|               H.  Money from the fund that is distributed prior to
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0014|     the primary election may be held over and used for the general
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0015|     election; however, all unspent money from the fund distributed
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0016|     to unsuccessful certified candidates in a primary shall be
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0017|     transmitted to the secretary for deposit into the fund within
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0018|     three days after the primary.  Within three days after the
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0019|     general election, all unspent money distributed from the fund
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0020|     shall be transmitted to the secretary for deposit back into the
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0021|     fund.
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0022|               I.  Certified candidates not enrolled in a party and
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0023|     certified candidates enrolled in parties that do not hold a
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0024|     primary are eligible for revenues from the fund in the same
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0025|     amounts, and at the same time, as certified candidates who are
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0001|     enrolled in a party and participate in the primary process.
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0002|               J.  If a certified candidate is opposed by a
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0003|     nonparticipating candidate, then the expenditure limits on the
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0004|     certified candidate shall be waived, and the certified
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0005|     candidate shall receive additional money from the fund equal to
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0006|     the amount spent by the nonparticipating candidate above the
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0007|     expenditure limits for certified candidates, up to a limit of
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0008|     two times the amount distributed under Subsection G of this
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0009|     section. 
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0010|               K.  Notwithstanding any other provision of law,
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0011|     participating candidates and certified candidates shall report
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0012|     any money collected and all campaign expenditures, obligations
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0013|     and related activities to the secretary at least every thirty
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0014|     days and nonparticipating candidates shall report any money
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0015|     collected and all campaign expenditures, obligations and
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0016|     related activities to the secretary at least every seven days.
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0017|               L.  No political committee or person, other than a
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0018|     nonparticipating candidate who contributes to his own campaign,
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0019|     shall make contributions that, in the aggregate, exceed five
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0020|     hundred dollars ($500) to a candidate or his campaign committee
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0021|     with respect to an election covered by the Citizens' Election
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0022|     Act.
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0023|               M.  Candidates participating in the Citizens'
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0024|     Election Act public financing pilot project shall comply with
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0025|     all other applicable, nonconflicting election and campaign laws
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0001|     and regulations.
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0002|               N.  The secretary may adopt regulations and
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0003|     reporting forms necessary to implement the provisions of the
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0004|     Citizens' Election Act, including regulations regarding
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0005|     qualification, certification, disbursement of fund revenues and
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0006|     return of unspent fund revenues.  The secretary shall adopt
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0007|     regulations for challenges to certification decisions, races
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0008|     involving special elections, recounts, vacancies, withdrawals
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0009|     or replacement candidates.  In developing regulations and
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0010|     forms, the secretary shall use existing campaign reporting
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0011|     procedures and forms whenever practicable.
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0012|          Section 5.  [<u>NEW MATERIAL</u>]  CITIZENS' ELECTION FUND
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0013|     CREATED.--
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0014|               A.  The "citizens' election fund" is created as a
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0015|     revolving fund in the state treasury.  The fund shall consist
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0016|     of appropriations, fees, seed money, qualifying contributions,
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0017|     gifts, grants, donations and interest earned on investment of
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0018|     money in the fund.  Money in the fund is appropriated to the
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0019|     secretary and shall not revert at the end of the fiscal year.
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0020|               B.  The purpose of the fund is to provide funds for
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0021|     election campaigns pursuant to the provisions of the Citizens'
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0022|     Election Act.
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0023|               C.  The fund shall be administered by the secretary. 
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0024|     Money in the fund shall be expended only on warrants drawn by
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0025|     the secretary of finance and administration pursuant to
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0001|     vouchers signed by the secretary or his authorized
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0002|     representative in accordance with the provisions of the
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0003|     Citizens' Election Act.
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0004|          Section 6.  [<u>NEW MATERIAL</u>]  CITIZENS' ELECTION TASK
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0005|     FORCE--CREATED--DUTIES.--
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0006|               A.  The "citizens' election task force" is created. 
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0007|     The task force shall function from the date of its appointment
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0008|     until December 31, 1998.
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0009|               B.  The task force shall be composed of nine members
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0010|     appointed as follows:  three members shall be appointed by the
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0011|     governor; three members shall be appointed by the president pro
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0012|     tempore of the senate; and three members shall be appointed by
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0013|     the speaker of the house of representatives.  No elected
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0014|     official shall be eligible to be a task force member.  Each
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0015|     task force member shall have a history of involvement with the
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0016|     political process in New Mexico, with nonprofit organizations
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0017|     concerned with the electoral process, or both, for a period of
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0018|     at least two years prior to appointment.
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0019|               C.  The task force shall oversee and monitor the
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0020|     public financing pilot project pursuant to provisions of the
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0021|     Citizens' Election Act and, on completion of the pilot project,
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0022|     shall issue a report on its findings, conclusions and
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0023|     recommendations.  In developing its report, the task force
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0024|     shall consider whether:
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0025|                    (1)  overall campaign expenditures were
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0001|     reduced;
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0002|                    (2)  the amount of private contributions and
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0003|     candidates' personal funds was significantly less; and
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0004|                    (3)  new and additional candidates participated
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0005|     in the campaigns.
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0006|          Section 7.  [<u>NEW MATERIAL</u>]  EDUCATION AND VOLUNTARY
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0007|     COMPLIANCE--INVESTIGATIONS--BINDING ARBITRATION--REFERRALS FOR
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0008|     ENFORCEMENT.--
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0009|               A.  The secretary shall advise and seek to educate
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0010|     all persons required to perform duties pursuant to the
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0011|     provisions of the Citizens' Election Act about those duties. 
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0012|     The secretary, in consultation with the attorney general, shall
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0013|     issue advisory opinions, when requested in writing to do so, on
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0014|     matters concerning that act.  All prescribed forms prepared
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0015|     shall be clear and easy to complete.
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0016|               B.  The secretary may initiate investigations to
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0017|     determine whether a provision of the Citizens' Election Act has
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0018|     been violated.  Additionally, a person who believes that a
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0019|     provision of that act has been violated may file a written
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0020|     complaint with the secretary any time prior to ninety days
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0021|     after an election, except that no complaints from the public
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0022|     may be filed within eight days prior to an election.  The
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0023|     secretary shall adopt procedures for issuing advisory opinions
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0024|     and processing complaints and notifications of violations.
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0025|               C.  The secretary shall at all times seek to ensure
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0001|     voluntary compliance with the provisions of the Citizens'
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0002|     Election Act.  If the secretary determines that a provision of
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0003|     that act for which a penalty may be imposed has been violated,
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0004|     the secretary shall by written notice set forth the violation
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0005|     and the fine imposed and inform the reporting person that he
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0006|     has ten working days from the date of the letter to correct the
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0007|     matter and to provide a written explanation, under penalty of
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0008|     perjury, stating any reason why the violation occurred.  If a
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0009|     timely explanation is filed and the secretary determines that
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0010|     good cause exists to waive the fine imposed, the secretary may
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0011|     by a written notice of final action partially or fully waive
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0012|     any fine imposed for any late, incomplete or false report or
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0013|     statement of exception.  A written notice of final action shall
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0014|     be sent by certified mail.
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0015|               D.  Upon receipt of the notice of final action, the
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0016|     person against whom the penalty has been imposed may protest
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0017|     the secretary's determination, including an advisory opinion,
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0018|     by submitting on a prescribed form a written request for
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0019|     binding arbitration to the secretary within ten working days of
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0020|     the date of the notice of final action.  Any fine imposed shall
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0021|     be due and payable within ten working days of the date of
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0022|     notice of final action.  No additional fine shall accrue
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0023|     pending the issuance of the arbitration decision.  Fines paid
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0024|     pursuant to a notice of final action that are subsequently
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0025|     reduced or dismissed shall be reimbursed with interest within
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0001|     ten working days after the filing of the arbitration decision
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0002|     with the secretary.  Interest on the reduced or dismissed
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0003|     portion of the fine shall be the same as the rate of interest
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0004|     earned by the secretary's escrow account.
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0005|               E.  An arbitration hearing shall be conducted by a
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0006|     single arbitrator selected by the person against whom the
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0007|     penalty has been imposed from a list of five arbitrators
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0008|     provided by the secretary.  The secretary shall provide notice
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0009|     of the selection within fifteen days of receipt of the request
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0010|     for arbitration.  Neither the secretary nor a person subject to
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0011|     the Campaign Reporting Act, Lobbyist Regulation Act, Financial
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0012|     Disclosure Act or Citizens' Election Act may serve as an
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0013|     arbitrator.  Arbitrators selected by the secretary shall be
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0014|     considered to be independent contractors, not public officers
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0015|     or employees, and shall not be paid per diem and mileage.
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0016|               F.  The arbitrator shall conduct the hearing within
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0017|     thirty days of the request for arbitration.  The arbitrator may
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0018|     impose any penalty the secretary is authorized to impose.  The
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0019|     arbitrator shall state the reasons for his decision in a
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0020|     written document that shall be a public record.  The decision
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0021|     shall be final and binding.  The decision shall be issued and
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0022|     filed with the secretary within thirty days of the conclusion
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0023|     of the hearing.  Unless otherwise provided for in this section,
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0024|     or by rule or regulation adopted by the secretary, the
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0025|     procedures for the arbitration shall be governed by the Uniform
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0001|     Arbitration Act.  No arbitrator shall be subject to liability
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0002|     for actions taken pursuant to this section.
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0003|               G.  The secretary may refer a matter to the attorney
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0004|     general or a district attorney for a civil injunctive or other
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0005|     appropriate order or enforcement.
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0006|          Section 8.  [<u>NEW MATERIAL</u>]  PENALTIES.--In addition to
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0007|     any other penalties that may be assessed, any person who
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0008|     knowingly and willfully violates any of the provisions of the
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0009|     Citizens' Election Act shall be punished by a fine of up to
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0010|     five thousand dollars ($5,000).
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0011|          Section 9.  Section 1-19-29.1 NMSA 1978 (being Laws 1993,
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0012|     Chapter 46, Section 6, as amended) is amended to read:
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0013|          "1-19-29.1.  CAMPAIGN FUNDS--LIMITATION ON USE.--
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0014|               A.  It is unlawful for any candidate or his agent to
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0015|     make an expenditure of contributions received, except for the
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0016|     following purposes or as otherwise provided in this section:
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0017|                    (1)  expenditures of the campaign;
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0018|                    (2)  expenditures of legislators that are
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0019|     reasonably related to performing the duties of the office held,
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0020|     including mail, telephone and travel expenditures to serve
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0021|     constituents, but excluding personal and legislative session
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0022|     living expenses;
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0023|                    (3)  donations to the <s>[state]</s> general fund;
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0024|                    (4)  donations to an organization to which a
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0025|     federal income tax deduction would be permitted under
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0001|     Subparagraph (A) of Paragraph (1) of Subsection (b) of Section
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0002|     170 of the Internal Revenue Code of 1986, as amended;  
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0003|                    (5)  expenditures to eliminate the campaign
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0004|     debt of the candidate for the office sought or expenditures
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0005|     incurred by the candidate when seeking election to another
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0006|     public office covered by the Campaign Reporting Act, <u>except
</u>    |
<u></u>0007| <u>    the state auditor;</u>
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0008|                    (6)  donations to a political party or to
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0009|     another candidate seeking election to public office, <u>except
</u>    |
<u></u>0010| <u>    the state auditor;</u> or
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0011|                    (7)  disbursements to return unused funds pro
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0012|     rata to the contributors if no campaign debt exists.
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0013|               B.  A judge subject to a nonpartisan retention
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0014|     election or a candidate for judicial office shall solicit or
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0015|     accept campaign funds and return unused funds in accordance
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0016|     with the provisions of the Code of Judicial Conduct.
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0017|               C.  No contributions solicited for or received in a
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0018|     federal election campaign may be used in a state election
    |
0019|     campaign."
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0020|          Section 10.  Effective December 31, 1998, Section 1-19-
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0021|     29.1 NMSA 1978 (being Laws 1993, Chapter 46, Section 6, as
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0022|     amended and as further amended by Section 9 of this act) is
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0023|     amended to read:
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0024|          "1-19-29.1.  CAMPAIGN FUNDS--LIMITATION ON USE.--
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0025|               A.  It is unlawful for any candidate or his agent to
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0001|     make an expenditure of contributions received, except for the
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0002|     following purposes or as otherwise provided in this section:
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0003|                    (1)  expenditures of the campaign;
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0004|                    (2)  expenditures of legislators that are
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0005|     reasonably related to performing the duties of the office held,
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0006|     including mail, telephone and travel expenditures to serve
    |
0007|     constituents, but excluding personal and legislative session
    |
0008|     living expenses;
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0009|                    (3)  donations to the general fund;
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0010|                    (4)  donations to an organization to which a
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0011|     federal income tax deduction would be permitted under
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0012|     Subparagraph (A) of Paragraph (1) of Subsection (b) of Section
    |
0013|     170 of the Internal Revenue Code of 1986, as amended;  
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0014|                    (5)  expenditures to eliminate the campaign
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0015|     debt of the candidate for the office sought or expenditures
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0016|     incurred by the candidate when seeking election to another
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0017|     public office covered by the Campaign Reporting Act <s>[except
</s>    |
<s></s>0018| <s>    the state auditor]</s>;
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0019|                    (6)  donations to a political party or to
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0020|     another candidate seeking election to public office <s>[except
</s>    |
<s></s>0021| <s>    the state auditor]</s>; or
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0022|                    (7)  disbursements to return unused funds pro
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0023|     rata to the contributors if no campaign debt exists.
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0024|               B.  A judge subject to a nonpartisan retention
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0025|     election or a candidate for judicial office shall solicit or
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0001|     accept campaign funds and return unused funds in accordance
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0002|     with the provisions of the Code of Judicial Conduct.
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0003|               C.  No contributions solicited for or received in a
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0004|     federal election campaign may be used in a state election
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0005|     campaign."
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0006|          Section 11.  Section 2-11-3 NMSA 1978 (being Laws 1977,
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0007|     Chapter 261, Section 3, as amended) is amended to read:
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0008|          "2-11-3.  REGISTRATION STATEMENT TO BE FILED--CONTENTS--
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0009|     MODIFICATION TO STATEMENT.--
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0010|               A.  In the month of January prior to each regular
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0011|     session or before any service covered by the Lobbyist
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0012|     Regulation Act commences, any individual who is initially
    |
0013|     employed or retained as a lobbyist shall register with the
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0014|     secretary of state by paying an annual filing fee of <s>[twenty-
</s>    |
<s></s>0015| <s>    five dollars ($25.00)]</s> <u>one hundred dollars ($100)</u> for each
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0016|     of the lobbyist's employers, <u>seventy-five dollars ($75.00) of
</u>    |
<u></u>0017| <u>    which shall be credited to the citizens' election fund</u>, and by
    |
0018|     filing a single registration statement under oath on a
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0019|     prescribed form showing:
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0020|                    (1)  the lobbyist's full name, permanent
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0021|     business address and business address while lobbying; and
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0022|                    (2)  the name and address of each of the
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0023|     lobbyist's employers.  
    |
0024|               B.  No registration fee shall be required of
    |
0025|     individuals receiving only reimbursement of personal expenses
    |
0001|     and no other compensation or salary for lobbying.  No
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0002|     expenditure statement required by Section 2-11-6 NMSA 1978
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0003|     shall be required if the lobbyist anticipates making or
    |
0004|     incurring and makes or incurs no expenditures or political
    |
0005|     contributions under Section 2-11-6 NMSA 1978.  The lobbyist
    |
0006|     shall indicate in his registration statement whether those
    |
0007|     circumstances apply to him.
    |
0008|               C.  For each employer listed in Paragraph (2) of
    |
0009|     Subsection A of this section, the lobbyist shall file the
    |
0010|     following information:
    |
0011|                    (1)  a full disclosure of the sources of funds
    |
0012|     used for lobbying;
    |
0013|                    (2)  a written statement from each of the
    |
0014|     lobbyist's employers authorizing him to lobby on the employer's
    |
0015|     behalf;
    |
0016|                    (3)  a brief description of the matters in
    |
0017|     reference to which the service is to be rendered; and
    |
0018|                    (4)  the name and address of the person, if
    |
0019|     other than the lobbyist or his employer, who will have custody
    |
0020|     of the accounts, bills, receipts, books, papers and documents
    |
0021|     required to be kept under the provisions of the Lobbyist
    |
0022|     Regulation Act.
    |
0023|               D.  For each succeeding year that an individual is
    |
0024|     employed or retained as a lobbyist by the same employer, and
    |
0025|     for whom all the information disclosed in the initial
    |
0001|     registration statement remains substantially the same, the
    |
0002|     lobbyist shall file a simple annual registration renewal in
    |
0003|     January and pay the <s>[twenty-five dollar ($25.00)]</s> <u>one
</u>    |
<u></u>0004| <u>    hundred dollar ($100)</u> filing fee for each of the lobbyist's
    |
0005|     employers together with a short, abbreviated prescribed form
    |
0006|     for renewal.
    |
0007|               E.  Whenever there is a modification of the facts
    |
0008|     required to be set forth by this section or there is a
    |
0009|     termination of the lobbyist's employment as a lobbyist before
    |
0010|     the end of the calendar year, the lobbyist shall notify the
    |
0011|     secretary of state within one month of such occurrence and
    |
0012|     shall furnish full information concerning the modification or
    |
0013|     termination.  If the lobbyist's employment terminates at the
    |
0014|     end of a calendar year, no separate termination report need be
    |
0015|     filed."
    |
0016|          Section 12.  Effective December 31, 1998, Section 2-11-3
    |
0017|     NMSA 1978 (being Laws 1977, Chapter 261, Section 3, as amended
    |
0018|     and as further amended by Section 11 of this act) is amended to
    |
0019|     read:
    |
0020|          "2-11-3.  REGISTRATION STATEMENT TO BE FILED--CONTENTS--
    |
0021|     MODIFICATION TO STATEMENT.--
    |
0022|               A.  In the month of January prior to each regular
    |
0023|     session or before any service covered by the Lobbyist
    |
0024|     Regulation Act commences, any individual who is initially
    |
0025|     employed or retained as a lobbyist shall register with the
    |
0001|     secretary of state by paying an annual filing fee of <s>[one
</s>    |
<s></s>0002| <s>    hundred dollars ($100)]</s> <u>twenty-five dollars ($25.00)</u> for
    |
0003|     each of the lobbyist's employers, <s>[seventy-five dollars
</s>    |
<s></s>0004| <s>    ($75.00) of which shall be credited to the citizens' election
</s>    |
<s></s>0005| <s>    fund]</s> and by filing a single registration statement under oath
    |
0006|     on a prescribed form showing:
    |
0007|                    (1)  the lobbyist's full name, permanent
    |
0008|     business address and business address while lobbying; and
    |
0009|                    (2)  the name and address of each of the
    |
0010|     lobbyist's employers.  
    |
0011|               B.  No registration fee shall be required of
    |
0012|     individuals receiving only reimbursement of personal expenses
    |
0013|     and no other compensation or salary for lobbying.  No
    |
0014|     expenditure statement required by Section 2-11-6 NMSA 1978
    |
0015|     shall be required if the lobbyist anticipates making or
    |
0016|     incurring and makes or incurs no expenditures or political
    |
0017|     contributions under Section 2-11-6 NMSA 1978.  The lobbyist
    |
0018|     shall indicate in his registration statement whether those
    |
0019|     circumstances apply to him.
    |
0020|               C.  For each employer listed in Paragraph (2) of
    |
0021|     Subsection A of this section, the lobbyist shall file the
    |
0022|     following information:
    |
0023|                    (1)  a full disclosure of the sources of funds
    |
0024|     used for lobbying;
    |
0025|                    (2)  a written statement from each of the
    |
0001|     lobbyist's employers authorizing him to lobby on the employer's
    |
0002|     behalf;
    |
0003|                    (3)  a brief description of the matters in
    |
0004|     reference to which the service is to be rendered; and
    |
0005|                    (4)  the name and address of the person, if
    |
0006|     other than the lobbyist or his employer, who will have custody
    |
0007|     of the accounts, bills, receipts, books, papers and documents
    |

0008|     required to be kept under the provisions of the Lobbyist
    |
0009|     Regulation Act.
    |
0010|               D.  For each succeeding year that an individual is
    |
0011|     employed or retained as a lobbyist by the same employer, and
    |
0012|     for whom all the information disclosed in the initial
    |
0013|     registration statement remains substantially the same, the
    |
0014|     lobbyist shall file a simple annual registration renewal in
    |
0015|     January and pay the <s>[one hundred dollar ($100)]</s> <u>twenty-five
</u>    |
<u></u>0016| <u>    dollar ($25.00)</u> filing fee for each of the lobbyist's
    |
0017|     employers together with a short, abbreviated prescribed form
    |
0018|     for renewal.
    |
0019|               E.  Whenever there is a modification of the facts
    |
0020|     required to be set forth by this section or there is a
    |
0021|     termination of the lobbyist's employment as a lobbyist before
    |
0022|     the end of the calendar year, the lobbyist shall notify the
    |
0023|     secretary of state within one month of such occurrence and
    |
0024|     shall furnish full information concerning the modification or
    |
0025|     termination.  If the lobbyist's employment terminates at the
    |
0001|     end of a calendar year, no separate termination report need be
    |
0002|     filed."
    |
0003|          Section 13.  APPROPRIATION.--
    |
0004|               A.  Two hundred fifty thousand dollars ($250,000) is
    |
0005|     appropriated from the general fund to the citizens' election
    |
0006|     fund for expenditure in fiscal years 1998 and 1999 for the
    |
0007|     purpose of providing public funds for election campaigns
    |
0008|     covered by the Citizens' Election Act.  Any unexpended or
    |
0009|     unencumbered balance remaining in the fund at the end of fiscal
    |
0010|     year 1999 shall revert to the general fund.
    |
0011|               B.  One hundred thousand dollars ($100,000) is
    |
0012|     appropriated from the general fund to the secretary of state
    |
0013|     for expenditure in fiscal years 1998 and 1999 for the purpose
    |
0014|     of administering the Citizens' Election Act and providing for
    |
0015|     the costs of the citizens' election task force.  Any unexpended
    |
0016|     or unencumbered balance remaining at the end of fiscal year
    |
0017|     1999 shall revert to the general fund.
    |
0018|          Section 14.  DELAYED REPEAL.--Effective December 31, 1998 
    |
0019|     the Citizens' Election Act is repealed.
    |
0020|          Section 15.  APPLICATION OF ACT.--The provisions of this
    |
0021|     act apply to elections for the office of state auditor through
    |
0022|     December 31, 1998.
    |
0023|                                    
    |
0024|   
    |
0025|                      FORTY-THIRD LEGISLATURE
    |
0001|                        FIRST SESSION, 1997
    |
0002|   
    |
0003|   
    |
0004|                                                   March 3, 1997
    |
0005|   
    |
0006|   Mr. President:
    |
0007|   
    |
0008|       Your JUDICIARY COMMITTEE, to whom has been referred
    |
0009|   
    |
0010|                          SENATE BILL 569
    |
0011|   
    |
0012|   has had it under consideration and reports same with
    |
0013|   recommendation that it DO NOT PASS, but that
    |
0014|   
    |
0015|                SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
    |
0016|                           SENATE BILL 569 
    |
0017| 
    |
0018|   DO PASS, and thence referred to the RULES COMMITTEE.
    |
0019|   
    |
0020|                                Respectfully submitted,
    |
0021|   
    |
0022|   
    |
0023|   
    |
0024|                                __________________________________
    |
0025|                                Fernando R. Macias, Chairman 
    |
0001|   
    |
0002|   
    |
0003|   Adopted_______________________   Not Adopted_______________________
    |
0004|             (Chief Clerk)                          (Chief Clerk)
    |
0005|   
    |
0006|                     Date ________________________
    |
0007|   
    |
0008|   
    |
0009|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
    |
0010|           Yes:    7
    |
0011|           No:     None
    |
0012|                Excused:     Sanchez
    |
0013|           Absent: None
    |
0014|   
    |
0015|   S0569JU1             SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
    |
0016|                           SENATE BILL 569
    |
0017|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0018|                                   
    |
0019|     
    |
0020|     
    |
0021|                                   
    |
0022|     
    |
0023|                                   
    |
0024|     
    |
0025|                                AN ACT
    |
0001|     RELATING TO ELECTIONS; ENACTING THE TAXPAYER FUNDED ELECTION
    |
0002|     ACT; PROVIDING FOR PUBLIC FINANCING OF ELECTION CAMPAIGNS FOR
    |
0003|     THE OFFICE OF STATE AUDITOR AS A PILOT PROJECT; CREATING A
    |
0004|     FUND; IMPOSING A PENALTY; AMENDING AND ENACTING SECTIONS OF THE
    |
0005|     NMSA 1978; MAKING APPROPRIATIONS.
    |
0006|         
    |
0007|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0008|         Section 1.  [NEW MATERIAL<u>]  SHORT TITLE.--Sections 1
</u>    |
<u></u>0009| <u>    through 8 of this act may be cited as the "Taxpayer Funded
</u>    |
<u></u>0010| <u>    Election Act".
</u>    |
<u></u>0011| <u>        Section 2.  [</u>NEW MATERIAL<u>]  PURPOSE OF ACT.--The
</u>    |
<u></u>0012| <u>    Taxpayer Funded Election Act provides a public financing pilot
</u>    |
<u></u>0013| <u>    project for the office of state auditor.
</u>    |
<u></u>0014| <u>        Section 3.  [</u>NEW MATERIAL<u>]  DEFINITIONS.--As used in the
</u>    |
<u></u>0015| <u>    Taxpayer Funded Election Act:
</u>    |
<u></u>0016| <u>            A.  "certified candidate" means a candidate running
</u>    |
<u></u>0017| <u>    for the office of state auditor who is certified by the
</u>    |
<u></u>0018| <u>    secretary as a Taxpayer Funded Election Act candidate;
</u>    |
<u></u>0019| <u>            B.  "contribution" means that term as defined in the
</u>    |
<u></u>0020| <u>    Campaign Reporting Act;
</u>    |
<u></u>0021| <u>            C.  "election cycle" means the period beginning 
</u>    |
<u></u>0022| <u>    April 1 of the year of the election and ending three days after
</u>    |
<u></u>0023| <u>    the general election;
</u>    |
<u></u>0024| <u>            D.  "fund" means the Taxpayer Funded election fund;
</u>    |
<u></u>0025| <u>            E.  "nonparticipating candidate" means a candidate
</u>    |
<u></u>0001| <u>    running for the office of state auditor who does not choose to
</u>    |
<u></u>0002| <u>    participate in the Taxpayer Funded Election Act public
</u>    |
<u></u>0003| <u>    financing pilot project and who is not seeking to be certified
</u>    |
<u></u>0004| <u>    as a Taxpayer Funded Election Act candidate;
</u>    |
<u></u>0005| <u>            F.  "participating candidate" means a candidate
</u>    |
<u></u>0006| <u>    running for the office of state auditor who has filed a
</u>    |
<u></u>0007| <u>    declaration of intent to participate in the Taxpayer Funded
</u>    |
<u></u>0008| <u>    Election Act public financing pilot project and who is seeking
</u>    |
<u></u>0009| <u>    to be certified as a Taxpayer Funded Election Act candidate;
</u>    |
<u></u>0010| <u>            G.  "qualifying contribution" means a donation of five
</u>    |
<u></u>0011| <u>    dollars ($5.00) in the form of a check or a money order payable
</u>    |
<u></u>0012| <u>    to the fund in support of a candidate;
</u>    |
<u></u>0013| <u>            H.  "qualifying period" means the period beginning on 
</u>    |
<u></u>0014| <u>    January 1 of the year of the election and ending on March 31 of
</u>    |
<u></u>0015| <u>    the year of the election;
</u>    |
<u></u>0016| <u>            I.  "secretary" means the secretary of state;
</u>    |
<u></u>0017| <u>            J.  "seed money" means a contribution in the form of
</u>    |
<u></u>0018| <u>    cash, check or money order of no more than one hundred dollars
</u>    |
<u></u>0019| <u>    ($100) per contributor per candidate, including a contribution
</u>    |
<u></u>0020| <u>    from the candidate or a member of the candidate's family; and
</u>    |
<u></u>0021| <u>            K.  "task force" means the taxpayer funded election task
</u>    |
<u></u>0022| <u>    force.
</u>    |
<u></u>0023| <u>        Section 4.  [</u>NEW MATERIAL<u>]  TERMS OF PARTICIPATION--
</u>    |
<u></u>0024| <u>    DECLARATION OF INTENT--SEED MONEY--QUALIFYING CONTRIBUTIONS--
</u>    |
<u></u>0025| <u>    FILING--CERTIFICATION--FUND DISTRIBUTION.--
</u>    |
<u></u>0001| <u>            A.  A person who chooses to participate in the Taxpayer
</u>    |
<u></u>0002| <u>    Funded Election Act public financing pilot project shall file with
</u>    |
<u></u>0003| <u>    the secretary a declaration of intent to be a participating
</u>    |
<u></u>0004| <u>    candidate.  The declaration of intent shall be filed with the
</u>    |
<u></u>0005| <u>    secretary no more than fourteen days prior to or during the
</u>    |
<u></u>0006| <u>    qualifying period, except as provided in Subsection N of this
</u>    |
<u></u>0007| <u>    section, on forms and according to procedures developed by the
</u>    |
<u></u>0008| <u>    secretary.  A participating candidate shall submit a declaration
</u>    |
<u></u>0009| <u>    of intent prior to collecting seed money or qualifying
</u>    |
<u></u>0010| <u>    contributions.  A candidate who files a declaration of intent
</u>    |
<u></u>0011| <u>    shall swear or affirm that the candidate has complied with and
</u>    |
<u></u>0012| <u>    shall continue to comply with Taxpayer Funded Election Act
</u>    |
<u></u>0013| <u>    contribution and expenditure limits and shall comply with all
</u>    |
<u></u>0014| <u>    other requirements of that act.
</u>    |
<u></u>0015| <u>            B.  Subsequent to filing a declaration of intent, a
</u>    |
<u></u>0016| <u>    participating candidate may not accept contributions except for
</u>    |
<u></u>0017| <u>    seed money and qualifying contributions.  A participating
</u>    |
<u></u>0018| <u>    candidate shall limit seed money contributions and expenditures to
</u>    |
<u></u>0019| <u>    no more than two thousand five hundred dollars ($2,500).  A
</u>    |
<u></u>0020| <u>    candidate may collect and spend seed money contributions
</u>    |
<u></u>0021| <u>    subsequent to filing a declaration of intent to participate with
</u>    |
<u></u>0022| <u>    the secretary and throughout the qualifying period.  A candidate
</u>    |
<u></u>0023| <u>    may not collect or spend seed money after certification as a
</u>    |
<u></u>0024| <u>    Taxpayer Funded Election Act candidate, and the balance of any
</u>    |
<u></u>0025| <u>    unspent seed money shall be transmitted to the secretary of state
</u>    |
<u></u>0001| <u>    for deposit into the fund.  Seed money may be used to enable a
</u>    |
<u></u>0002| <u>    candidate to collect qualifying contributions.
</u>    |
<u></u>0003| <u>            C.  Qualifying contributions from at least two hundred
</u>    |
<u></u>0004| <u>    fifty registered voters of this state are required in order for a
</u>    |
<u></u>0005| <u>    participating candidate to become a certified candidate pursuant
</u>    |
<u></u>0006| <u>    to provisions of the Taxpayer Funded Election Act.  No payment,
</u>    |
<u></u>0007| <u>    gift or anything of value may be given in exchange for a
</u>    |
<u></u>0008| <u>    qualifying contribution.  The secretary shall deposit all
</u>    |
<u></u>0009| <u>    qualifying contributions into the fund.  A qualifying contribution
</u>    |
<u></u>0010| <u>    may only be made by a registered voter during the  qualifying
</u>    |
<u></u>0011| <u>    period and shall be acknowledged by a written receipt that
</u>    |
<u></u>0012| <u>    includes the name and address of the donor.  A qualifying
</u>    |
<u></u>0013| <u>    contribution shall be submitted to the participating candidate and
</u>    |
<u></u>0014| <u>    filed with the secretary during the qualifying period.
</u>    |
<u></u>0015| <u>            D.  No later than three days after receipt of two hundred
</u>    |
<u></u>0016| <u>    fifty qualifying contributions on behalf of a participating
</u>    |
<u></u>0017| <u>    candidate, the secretary shall certify a participating candidate
</u>    |
<u></u>0018| <u>    who has complied with requirements of this subsection.  In order
</u>    |
<u></u>0019| <u>    to be certified, candidates shall have: 
</u>    |
<u></u>0020| <u>                 (1)  filed a declaration of intent to participate in
</u>    |
<u></u>0021| <u>    the Taxpayer Funded Election Act public financing pilot project;
</u>    |
<u></u>0022| <u>                 (2)  submitted the appropriate number of qualifying
</u>    |
<u></u>0023| <u>    contributions;
</u>    |
<u></u>0024| <u>                 (3)  complied with seed money contribution and
</u>    |
<u></u>0025| <u>    expenditure restrictions; and
</u>    |
<u></u>0001| <u>                 (4)  otherwise met the requirements for
</u>    |
<u></u>0002| <u>    participation in the Taxpayer Funded Election Act public financing
</u>    |
<u></u>0003| <u>    pilot project.
</u>    |
<u></u>0004| <u>            E.  Upon certification, a certified candidate shall
</u>    |
<u></u>0005| <u>    transmit to the secretary the balance of unspent seed money for
</u>    |
<u></u>0006| <u>    deposit into the fund.
</u>    |
<u></u>0007| <u>            F.  Certified candidates shall limit campaign
</u>    |
<u></u>0008| <u>    expenditures and debts to the amount of revenues distributed to
</u>    |
<u></u>0009| <u>    the certified candidate from the fund.  A certified candidate may
</u>    |
<u></u>0010| <u>    accept up to a total of ten thousand dollars ($10,000) of in-kind
</u>    |
<u></u>0011| <u>    contributions during the qualifying period and election cycle. 
</u>    |
<u></u>0012| <u>    All revenues distributed from the fund to a certified candidate
</u>    |
<u></u>0013| <u>    shall be used for campaign-related purposes.
</u>    |
<u></u>0014| <u>            G.  The secretary shall distribute to certified
</u>    |
<u></u>0015| <u>    candidates the following amounts from the fund:
</u>    |
<u></u>0016| <u>                 (1)  within three days after certification,
</u>    |
<u></u>0017| <u>    seventeen thousand dollars ($17,000) for primary elections; and
</u>    |
<u></u>0018| <u>                 (2)  within three days after the primary,
</u>    |
<u></u>0019| <u>    seventeen thousand dollars ($17,000) for contested general
</u>    |
<u></u>0020| <u>    elections.  Money from the fund shall not be distributed for
</u>    |
<u></u>0021| <u>    uncontested primary or general elections.
</u>    |
<u></u>0022| <u>            H.  Money from the fund that is distributed prior to the
</u>    |
<u></u>0023| <u>    primary election may be held over and used for the general
</u>    |
<u></u>0024| <u>    election; however, all unspent money from the fund distributed to
</u>    |
<u></u>0025| <u>    unsuccessful certified candidates in a primary, plus any accrued
</u>    |
<u></u>0001| <u>    interest on such money, shall be transmitted to the secretary for
</u>    |
<u></u>0002| <u>    deposit into the fund by 5:00 p.m. on the thirtieth day after the
</u>    |
<u></u>0003| <u>    primary.  All unspent money distributed from the fund, plus any
</u>    |
<u></u>0004| <u>    accrued interest on such money shall be transmitted to the
</u>    |
<u></u>0005| <u>    secretary for deposit back into the fund by 5:00 p.m. on the
</u>    |
<u></u>0006| <u>    thirtieth day after the general election.
</u>    |
<u></u>0007| <u>            I.  Certified candidates without party affiliation and
</u>    |
<u></u>0008| <u>    certified candidates enrolled in minor political parties  are
</u>    |
<u></u>0009| <u>    eligible for revenues from the fund in the same amounts, and at
</u>    |
<u></u>0010| <u>    the same time, as certified candidates from major parties for
</u>    |
<u></u>0011| <u>    general elections.
</u>    |
<u></u>0012| <u>            J.  If a certified candidate is opposed by a
</u>    |
<u></u>0013| <u>    nonparticipating candidate in either the primary or general
</u>    |
<u></u>0014| <u>    election, then the expenditure limits on the certified candidate
</u>    |
<u></u>0015| <u>    shall be waived, and the certified candidate shall receive
</u>    |
<u></u>0016| <u>    additional money from the fund equal to the amount spent by the
</u>    |
<u></u>0017| <u>    nonparticipating candidate above the expenditure limits for
</u>    |
<u></u>0018| <u>    certified candidates, up to a limit of two times the amount
</u>    |
<u></u>0019| <u>    distributed under Subsection G of this section. 
</u>    |
<u></u>0020| <u>            K.  Notwithstanding any other provision of law,
</u>    |
<u></u>0021| <u>    participating candidates and certified candidates shall report any
</u>    |
<u></u>0022| <u>    money collected and all campaign expenditures, obligations and
</u>    |
<u></u>0023| <u>    related activities to the secretary in accordance with the
</u>    |
<u></u>0024| <u>    provisions of Section 1-19-29 NMSA 1978.  Nonparticipating
</u>    |
<u></u>0025| <u>    candidates shall report any money collected and all campaign
</u>    |
<u></u>0001| <u>    expenditures, obligations and related activities to the secretary
</u>    |
<u></u>0002| <u>    beginning at 5:00 p.m. on the first Friday in April of the
</u>    |
<u></u>0003| <u>    election year for the primary election and the first Friday in
</u>    |
<u></u>0004| <u>    September for the general election and 5:00 p.m. on every Friday
</u>    |
<u></u>0005| <u>    thereafter through the Friday before the election, for all
</u>    |
<u></u>0006| <u>    expenditures made or contributions received by 5:00 p.m. on the
</u>    |
<u></u>0007| <u>    previous Tuesday.  Any expenditure or contribution in excess of
</u>    |
<u></u>0008| <u>    one thousand dollars ($1,000) that is made or received after 5:00
</u>    |
<u></u>0009| <u>    p.m. on the Tuesday before the election shall be reported to the
</u>    |
<u></u>0010| <u>    secretary of state in a supplemental report within twenty-four
</u>    |
<u></u>0011| <u>    hours.  A final report of expenditures and contributions is due by
</u>    |
<u></u>0012| <u>    5:00 p.m. on the thirtieth day after the primary and general
</u>    |
<u></u>0013| <u>    elections.
</u>    |
<u></u>0014| <u>            L.  No political committee or person, other than a
</u>    |
<u></u>0015| <u>    nonparticipating candidate who contributes to his own campaign,
</u>    |
<u></u>0016| <u>    shall make contributions that, in the aggregate, exceed five
</u>    |
<u></u>0017| <u>    hundred dollars ($500) to a candidate or his campaign committee
</u>    |
<u></u>0018| <u>    with respect to an election covered by the Taxpayer Funded
</u>    |
<u></u>0019| <u>    Election Act.
</u>    |
<u></u>0020| <u>            M.  Candidates participating in the Taxpayer Funded
</u>    |
<u></u>0021| <u>    Election Act public financing pilot project shall comply with all
</u>    |
<u></u>0022| <u>    other applicable, nonconflicting election and campaign laws and
</u>    |
<u></u>0023| <u>    regulations.
</u>    |
<u></u>0024| <u>            N.  The secretary may adopt regulations and reporting
</u>    |
<u></u>0025| <u>    forms necessary to implement the provisions of the Taxpayer Funded
</u>    |
<u></u>0001| <u>    Election Act, including regulations regarding qualification,
</u>    |
<u></u>0002| <u>    certification, disbursement of fund revenues and return of unspent
</u>    |
<u></u>0003| <u>    fund revenues.  The secretary shall adopt regulations for
</u>    |
<u></u>0004| <u>    challenges to certification decisions, races involving special
</u>    |
<u></u>0005| <u>    elections, recounts, vacancies, withdrawals or replacement
</u>    |
<u></u>0006| <u>    candidates.  In developing regulations and forms, the secretary
</u>    |
<u></u>0007| <u>    shall use existing campaign reporting procedures and forms
</u>    |
<u></u>0008| <u>    whenever practicable.
</u>    |
<u></u>0009| <u>        Section 5.  [</u>NEW MATERIAL<u>]  TAXPAYER FUNDED ELECTION FUND
</u>    |
<u></u>0010| <u>    CREATED.--
</u>    |
<u></u>0011| <u>            A.  The "taxpayer funded election fund" is created as a
</u>    |
<u></u>0012| <u>    revolving fund in the state treasury.  The fund shall consist of
</u>    |
<u></u>0013| <u>    appropriations, fees, seed money, qualifying contributions, gifts,
</u>    |
<u></u>0014| <u>    grants, donations and interest earned on investment of money in
</u>    |
<u></u>0015| <u>    the fund.  Money in the fund is appropriated to the secretary and
</u>    |
<u></u>0016| <u>    shall not revert at the end of the fiscal year.
</u>    |
<u></u>0017| <u>            B.  The purpose of the fund is to provide funds for
</u>    |
<u></u>0018| <u>    election campaigns pursuant to the provisions of the Taxpayer
</u>    |
<u></u>0019| <u>    Funded Election Act.
</u>    |
<u></u>0020| <u>            C.  The fund shall be administered by the secretary. 
</u>    |
<u></u>0021| <u>    Money in the fund shall be expended only on warrants drawn by the
</u>    |
<u></u>0022| <u>    secretary of finance and administration pursuant to vouchers
</u>    |
<u></u>0023| <u>    signed by the secretary or his authorized representative in
</u>    |
<u></u>0024| <u>    accordance with the provisions of the Taxpayer Funded Election
</u>    |
<u></u>0025| <u>    Act.
</u>    |
<u></u>0001| <u>        Section 6.  [</u>NEW MATERIAL<u>]  TAXPAYER FUNDED ELECTION TASK
</u>    |
<u></u>0002| <u>    FORCE--CREATED--DUTIES.--
</u>    |
<u></u>0003| <u>            A.  The "taxpayer funded election task force" is created. 
</u>    |
<u></u>0004| <u>    The task force shall function from the date of its appointment
</u>    |
<u></u>0005| <u>    until December 31, 1998.
</u>    |
<u></u>0006| <u>            B.  The task force shall be composed of nine members
</u>    |
<u></u>0007| <u>    appointed as follows:  three members shall be appointed by the
</u>    |
<u></u>0008| <u>    governor; three members shall be appointed by the president pro
</u>    |
<u></u>0009| <u>    tempore of the senate; and three members shall be appointed by the
</u>    |
<u></u>0010| <u>    speaker of the house of representatives.  No elected official
</u>    |
<u></u>0011| <u>    shall be eligible to be a task force member.  Each task force
</u>    |
<u></u>0012| <u>    member shall have a history of involvement with the political
</u>    |
<u></u>0013| <u>    process in New Mexico, with nonprofit organizations concerned with
</u>    |
<u></u>0014| <u>    the electoral process, or both, for a period of at least two years
</u>    |
<u></u>0015| <u>    prior to appointment.  Members shall be eligible to receive per
</u>    |
<u></u>0016| <u>    diem and mileage pursuant to the provisions of the Per Diem and
</u>    |
<u></u>0017| <u>    Mileage Act.
</u>    |
<u></u>0018| <u>            C.  The task force shall oversee and monitor the public
</u>    |
<u></u>0019| <u>    financing pilot project pursuant to provisions of the Taxpayer
</u>    |
<u></u>0020| <u>    Funded Election Act and, on completion of the pilot project, shall
</u>    |
<u></u>0021| <u>    issue a report on its findings, conclusions and recommendations. 
</u>    |
<u></u>0022| <u>    In developing its report, the task force shall consider whether:
</u>    |
<u></u>0023| <u>                 (1)  overall campaign expenditures were reduced;
</u>    |
<u></u>0024| <u>                 (2)  the amount of private contributions and
</u>    |
<u></u>0025| <u>    candidates' personal funds was significantly less; and
</u>    |
<u></u>0001| <u>                 (3)  new and additional candidates participated in
</u>    |
<u></u>0002| <u>    the campaigns.
</u>    |
<u></u>0003| <u>        Section 7.  [</u>NEW MATERIAL<u>]  EDUCATION AND VOLUNTARY
</u>    |
<u></u>0004| <u>    COMPLIANCE--INVESTIGATIONS--BINDING ARBITRATION--REFERRALS FOR
</u>    |
<u></u>0005| <u>    ENFORCEMENT.--
</u>    |
<u></u>0006| <u>            A.  The secretary shall advise and seek to educate all
</u>    |
<u></u>0007| <u>    persons required to perform duties pursuant to the provisions of
</u>    |
<u></u>0008| <u>    the Taxpayer Funded Election Act about those duties.  The
</u>    |
<u></u>0009| <u>    secretary, in consultation with the attorney general, shall issue
</u>    |
<u></u>0010| <u>    advisory opinions, when requested in writing to do so, on matters
</u>    |
<u></u>0011| <u>    concerning that act.  All prescribed forms prepared shall be clear
</u>    |
<u></u>0012| <u>    and easy to complete.
</u>    |
<u></u>0013| <u>            B.  The secretary may initiate investigations to
</u>    |
<u></u>0014| <u>    determine whether a provision of the Taxpayer Funded Election Act
</u>    |
<u></u>0015| <u>    has been violated.  Additionally, a person who believes that a
</u>    |
<u></u>0016| <u>    provision of that act has been violated may file a written
</u>    |
<u></u>0017| <u>    complaint with the secretary any time prior to ninety days after
</u>    |
<u></u>0018| <u>    an election, except that no complaints from the public may be
</u>    |
<u></u>0019| <u>    filed within eight days prior to an election.  The secretary shall
</u>    |
<u></u>0020| <u>    adopt procedures for issuing advisory opinions and processing
</u>    |
<u></u>0021| <u>    complaints and notifications of violations.
</u>    |
<u></u>0022| <u>            C.  The secretary shall at all times seek to ensure
</u>    |
<u></u>0023| <u>    voluntary compliance with the provisions of the Taxpayer Funded
</u>    |
<u></u>0024| <u>    Election Act.  If the secretary determines that a provision of
</u>    |
<u></u>0025| <u>    that act for which a penalty may be imposed has been violated, the
</u>    |
<u></u>0001| <u>    secretary shall by written notice set forth the violation and the
</u>    |
<u></u>0002| <u>    fine imposed and inform the reporting person that he has ten
</u>    |
<u></u>0003| <u>    working days from the date of the letter to correct the matter and
</u>    |
<u></u>0004| <u>    to provide a written explanation, under penalty of perjury,
</u>    |
<u></u>0005| <u>    stating any reason why the violation occurred.  If a timely
</u>    |
<u></u>0006| <u>    explanation is filed and the secretary determines that good cause
</u>    |
<u></u>0007| <u>    exists to waive the fine imposed, the secretary may by a written
</u>    |
<u></u>0008| <u>    notice of final action partially or fully waive any fine imposed
</u>    |
<u></u>0009| <u>    for any late, incomplete or false report or statement of
</u>    |
<u></u>0010| <u>    exception.  A written notice of final action shall be sent by
</u>    |
<u></u>0011| <u>    certified mail.
</u>    |
<u></u>0012| <u>            D.  Upon receipt of the notice of final action, the
</u>    |
<u></u>0013| <u>    person against whom the penalty has been imposed may protest the
</u>    |
<u></u>0014| <u>    secretary's determination, including an advisory opinion, by
</u>    |
<u></u>0015| <u>    submitting on a prescribed form a written request for binding
</u>    |
<u></u>0016| <u>    arbitration to the secretary within ten working days of the date
</u>    |
<u></u>0017| <u>    of the notice of final action.  Any fine imposed shall be due and
</u>    |
<u></u>0018| <u>    payable within ten working days of the date of notice of final
</u>    |
<u></u>0019| <u>    action.  No additional fine shall accrue pending the issuance of
</u>    |
<u></u>0020| <u>    the arbitration decision.  Fines paid pursuant to a notice of
</u>    |
<u></u>0021| <u>    final action that are subsequently reduced or dismissed shall be
</u>    |
<u></u>0022| <u>    reimbursed with interest within ten working days after the filing
</u>    |
<u></u>0023| <u>    of the arbitration decision with the secretary.  Interest on the
</u>    |
<u></u>0024| <u>    reduced or dismissed portion of the fine shall be the same as the
</u>    |
<u></u>0025| <u>    rate of interest earned by the secretary's escrow account.
</u>    |
<u></u>0001| <u>            E.  An arbitration hearing shall be conducted by a single
</u>    |
<u></u>0002| <u>    arbitrator selected by the person against whom the penalty has
</u>    |
<u></u>0003| <u>    been imposed from a list of five arbitrators provided by the
</u>    |
<u></u>0004| <u>    secretary.  The secretary shall provide notice of the selection
</u>    |
<u></u>0005| <u>    within fifteen days of receipt of the request for arbitration. 
</u>    |
<u></u>0006| <u>    Neither the secretary nor a person subject to the Campaign
</u>    |
<u></u>0007| <u>    Reporting Act, Lobbyist Regulation Act, Financial Disclosure Act
</u>    |
<u></u>0008| <u>    or Taxpayer Funded Election Act may serve as an arbitrator. 
</u>    |
<u></u>0009| <u>    Arbitrators selected by the secretary shall be considered to be
</u>    |
<u></u>0010| <u>    independent contractors, not public officers or employees, and
</u>    |
<u></u>0011| <u>    shall not be paid per diem and mileage.
</u>    |
<u></u>0012| <u>            F.  The arbitrator shall conduct the hearing within
</u>    |
<u></u>0013| <u>    thirty days of the request for arbitration.  The arbitrator may
</u>    |
<u></u>0014| <u>    impose any penalty the secretary is authorized to impose.  The
</u>    |
<u></u>0015| <u>    arbitrator shall state the reasons for his decision in a written
</u>    |
<u></u>0016| <u>    document that shall be a public record.  The decision shall be
</u>    |
<u></u>0017| <u>    final and binding.  The decision shall be issued and filed with
</u>    |
<u></u>0018| <u>    the secretary within thirty days of the conclusion of the hearing. 
</u>    |
<u></u>0019| <u>    Unless otherwise provided for in this section, or by rule or
</u>    |
<u></u>0020| <u>    regulation adopted by the secretary, the procedures for the
</u>    |
<u></u>0021| <u>    arbitration shall be governed by the Uniform Arbitration Act.  No
</u>    |
<u></u>0022| <u>    arbitrator shall be subject to liability for actions taken
</u>    |
<u></u>0023| <u>    pursuant to this section.
</u>    |
<u></u>0024| <u>            G.  The secretary may refer a matter to the attorney

</u>    |
<u></u>0025| <u>    general or a district attorney for a civil injunctive or other
</u>    |
<u></u>0001| <u>    appropriate order or enforcement.
</u>    |
<u></u>0002| <u>        Section 8.  [</u>NEW MATERIAL<u>]  REPORTS AND STATEMENTS--LATE
</u>    |
<u></u>0003| <u>    FILING PENALTY--FAILURE TO FILE.--
</u>    |
<u></u>0004| <u>            A.  For certified candidates, the penalties shall be the
</u>    |
<u></u>0005| <u>    same as those provided in Sections 1-19-34.6, 1-19-35 and 1-19-36
</u>    |
<u></u>0006| <u>    NMSA 1978.
</u>    |
<u></u>0007| <u>            B.  For nonparticipating candidates:
</u>    |
<u></u>0008| <u>                 (1)  if a report of expenditures and contributions,
</u>    |
<u></u>0009| <u>    except for a report required to be filed and delivered the Friday
</u>    |
<u></u>0010| <u>    before the election and any supplemental report, as required in
</u>    |
<u></u>0011| <u>    Subsection K of Section 4 of the Taxpayer Funded Election Act,
</u>    |
<u></u>0012| <u>    that is due prior to the election, contains false or incomplete
</u>    |
<u></u>0013| <u>    information or is filed after any deadline imposed by the Taxpayer
</u>    |
<u></u>0014| <u>    Funded Election Act, the responsible nonparticipating candidate,
</u>    |
<u></u>0015| <u>    in addition to any other penalties or remedies prescribed by the
</u>    |
<u></u>0016| <u>    Election Code, shall be liable for and shall pay to the secretary
</u>    |
<u></u>0017| <u>    of state fifty dollars ($50.00) per day for each regular working
</u>    |
<u></u>0018| <u>    day after the time required by the Taxpayer Funded Election Act
</u>    |
<u></u>0019| <u>    for the filing of reports of expenditures and contributions until
</u>    |
<u></u>0020| <u>    the complete or true statement or report is filed, up to a maximum
</u>    |
<u></u>0021| <u>    of five thousand dollars ($5,000);
</u>    |
<u></u>0022| <u>                 (2)  if any nonparticipating candidate files a
</u>    |
<u></u>0023| <u>    false, incomplete or late report of expenditures and contributions
</u>    |
<u></u>0024| <u>    due on the Friday prior to the election, the candidate shall be
</u>    |
<u></u>0025| <u>    liable and pay to the secretary of state five hundred dollars
</u>    |
<u></u>0001| <u>    ($500) for the first working day and fifty dollars ($50.00) for
</u>    |
<u></u>0002| <u>    each subsequent working day after the time required for the filing
</u>    |
<u></u>0003| <u>    of the report until the true and complete report is filed, up to a
</u>    |
<u></u>0004| <u>    maximum of five thousand dollars ($5,000);
</u>    |
<u></u>0005| <u>                 (3)  if a nonparticipating candidate fails to file
</u>    |
<u></u>0006| <u>    or files a late supplemental report of expenditures and
</u>    |
<u></u>0007| <u>    contributions as required in Subsection K of Section 4 of the
</u>    |
<u></u>0008| <u>    Taxpayer Funded Election Act, the candidate shall be liable for
</u>    |
<u></u>0009| <u>    and pay to the secretary of state a penalty equal to the amount of
</u>    |
<u></u>0010| <u>    each contribution received or pledged after the Tuesday before the
</u>    |
<u></u>0011| <u>    election that was not timely filed;
</u>    |
<u></u>0012| <u>                 (4)  all sums collected for the penalty shall be
</u>    |
<u></u>0013| <u>    deposited in the state general fund.  A report shall be deemed
</u>    |
<u></u>0014| <u>    timely filed only if it is received by the secretary of state by
</u>    |
<u></u>0015| <u>    the date and time prescribed by law;
</u>    |
<u></u>0016| <u>                 (5)  any nonparticipating candidate who fails or
</u>    |
<u></u>0017| <u>    refuses to file a report of expenditures and contributions or to
</u>    |
<u></u>0018| <u>    pay a penalty imposed by the secretary of state as required by the
</u>    |
<u></u>0019| <u>    Taxpayer Funded Election Act shall not, in addition to any other
</u>    |
<u></u>0020| <u>    penalties provided by law:
</u>    |
<u></u>0021| <u>                     (a)  have his name printed upon the ballot if
</u>    |
<u></u>0022| <u>    the violation occurs before and through the final date for the
</u>    |
<u></u>0023| <u>    withdrawal of candidates; or
</u>    |
<u></u>0024| <u>                     (b)  be issued a certificate of nomination or
</u>    |
<u></u>0025| <u>    election, if the violation occurs after the final date for
</u>    |
<u></u>0001| <u>    withdrawal of candidates or after the election, until the
</u>    |
<u></u>0002| <u>    candidate satisfies all reporting requirements of the Taxpayer
</u>    |
<u></u>0003| <u>    Funded Election Act and pays all penalties owed; and
</u>    |
<u></u>0004| <u>                 (6)  any nonparticipating candidate who loses an
</u>    |
<u></u>0005| <u>    election and who fails or refuses to file a report of expenditures
</u>    |
<u></u>0006| <u>    and contributions or to pay a penalty imposed by the secretary of
</u>    |
<u></u>0007| <u>    state as required by the Taxpayer Funded Election Act shall not
</u>    |
<u></u>0008| <u>    be, in addition to any other penalties provided by law, permitted
</u>    |
<u></u>0009| <u>    to file a declaration of candidacy or nominating petition for any
</u>    |
<u></u>0010| <u>    future election until the candidate satisfies all reporting
</u>    |
<u></u>0011| <u>    requirements of the Taxpayer Funded Election Act and pays all
</u>    |
<u></u>0012| <u>    penalties owed.  
</u>    |
<u></u>0013| <u>        Section 9.  Section 1-19-29.1 NMSA 1978 (being Laws 1993,
</u>    |
<u></u>0014| <u>    Chapter 46, Section 6, as amended) is amended to read:
</u>    |
<u></u>0015| <u>        "1-19-29.1.  CAMPAIGN FUNDS--LIMITATION ON USE.--
</u>    |
<u></u>0016| <u>            A.  It is unlawful for any candidate or his agent to make
</u>    |
<u></u>0017| <u>    an expenditure of contributions received, except for the following
</u>    |
<u></u>0018| <u>    purposes or as otherwise provided in this section:
</u>    |
<u></u>0019| <u>                 (1)  expenditures of the campaign;
</u>    |
<u></u>0020| <u>                 (2)  expenditures of legislators that are reasonably
</u>    |
<u></u>0021| <u>    related to performing the duties of the office held, including
</u>    |
<u></u>0022| <u>    mail, telephone and travel expenditures to serve constituents, but
</u>    |
<u></u>0023| <u>    excluding personal and legislative session living expenses;
</u>    |
<u></u>0024| <u>                 (3)  donations to the <s>[state]</s> general fund;
</u>    |
<u></u>0025| <u>                 (4)  donations to an organization to which a federal
</u>    |
<u></u>0001| <u>    income tax deduction would be permitted under Subparagraph (A) of
</u>    |
<u></u>0002| <u>    Paragraph (1) of Subsection (b) of Section 170 of the Internal
</u>    |
<u></u>0003| <u>    Revenue Code of 1986, as amended;     
</u>    |
<u></u>0004| <u>                 (5)  expenditures to eliminate the campaign debt of
</u>    |
<u></u>0005| <u>    the candidate for the office sought or expenditures incurred by
</u>    |
<u></u>0006| <u>    the candidate when seeking election to another public office
</u>    |
<u></u>0007| <u>    covered by the Campaign Reporting Act, </u>except the state auditor;<u>
</u>    |
<u></u>0008| <u>                 (6)  donations to a political party or to another
</u>    |
<u></u>0009| <u>    candidate seeking election to public office, </u>except the state
    |
0010|     auditor;<u> or
</u>    |
<u></u>0011| <u>                 (7)  disbursements to return unused funds pro rata
</u>    |
<u></u>0012| <u>    to the contributors if no campaign debt exists.
</u>    |
<u></u>0013| <u>            B.  A judge subject to a nonpartisan retention election
</u>    |
<u></u>0014| <u>    or a candidate for judicial office shall solicit or accept
</u>    |
<u></u>0015| <u>    campaign funds and return unused funds in accordance with the
</u>    |
<u></u>0016| <u>    provisions of the Code of Judicial Conduct."
</u>    |
<u></u>0017| <u>        Section 10.  Effective December 31, 1998, Section 1-19-29.1
</u>    |
<u></u>0018| <u>    NMSA 1978 (being Laws 1993, Chapter 46, Section 6, as amended and
</u>    |
<u></u>0019| <u>    as further amended by Section 9 of this act) is amended to read:
</u>    |
<u></u>0020| <u>        "1-19-29.1.  CAMPAIGN FUNDS--LIMITATION ON USE.--
</u>    |
<u></u>0021| <u>            A.  It is unlawful for any candidate or his agent to make
</u>    |
<u></u>0022| <u>    an expenditure of contributions received, except for the following
</u>    |
<u></u>0023| <u>    purposes or as otherwise provided in this section:
</u>    |
<u></u>0024| <u>                 (1)  expenditures of the campaign;
</u>    |
<u></u>0025| <u>                 (2)  expenditures of legislators that are reasonably
</u>    |
<u></u>0001| <u>    related to performing the duties of the office held, including
</u>    |
<u></u>0002| <u>    mail, telephone and travel expenditures to serve constituents, but
</u>    |
<u></u>0003| <u>    excluding personal and legislative session living expenses;
</u>    |
<u></u>0004| <u>                 (3)  donations to the general fund;
</u>    |
<u></u>0005| <u>                 (4)  donations to an organization to which a federal
</u>    |
<u></u>0006| <u>    income tax deduction would be permitted under Subparagraph (A) of
</u>    |
<u></u>0007| <u>    Paragraph (1) of Subsection (b) of Section 170 of the Internal
</u>    |
<u></u>0008| <u>    Revenue Code of 1986, as amended;     
</u>    |
<u></u>0009| <u>                 (5)  expenditures to eliminate the campaign debt of
</u>    |
<u></u>0010| <u>    the candidate for the office sought or expenditures incurred by
</u>    |
<u></u>0011| <u>    the candidate when seeking election to another public office
</u>    |
<u></u>0012| <u>    covered by the Campaign Reporting Act <s>[except the state
</u></s>    |
<u><s></u></s>0013| <u><s>    auditor]</s>;
</u>    |
<u></u>0014| <u>                 (6)  donations to a political party or to another
</u>    |
<u></u>0015| <u>    candidate seeking election to public office <s>[except the state
</u></s>    |
<u><s></u></s>0016| <u><s>    auditor]</s>; or
</u>    |
<u></u>0017| <u>                 (7)  disbursements to return unused funds pro rata
</u>    |
<u></u>0018| <u>    to the contributors if no campaign debt exists.
</u>    |
<u></u>0019| <u>            B.  A judge subject to a nonpartisan retention election
</u>    |
<u></u>0020| <u>    or a candidate for judicial office shall solicit or accept
</u>    |
<u></u>0021| <u>    campaign funds and return unused funds in accordance with the
</u>    |
<u></u>0022| <u>    provisions of the Code of Judicial Conduct."
</u>    |
<u></u>0023| <u>        Section 11.  Section 2-11-3 NMSA 1978 (being Laws 1977,
</u>    |
<u></u>0024| <u>    Chapter 261, Section 3, as amended) is amended to read:
</u>    |
<u></u>0025| <u>        "2-11-3.  REGISTRATION STATEMENT TO BE FILED--CONTENTS--
</u>    |
<u></u>0001| <u>    MODIFICATION TO STATEMENT.--
</u>    |
<u></u>0002| <u>            A.  In the month of January prior to each regular session
</u>    |
<u></u>0003| <u>    or before any service covered by the Lobbyist Regulation Act
</u>    |
<u></u>0004| <u>    commences, any individual who is initially employed or retained as
</u>    |
<u></u>0005| <u>    a lobbyist shall register with the secretary of state by paying an
</u>    |
<u></u>0006| <u>    annual filing fee of <s>[twenty-five dollars ($25.00)]</s> </u>one hundred
    |
0007|     dollars ($100)<u> for each of the lobbyist's employers, </u>seventy-
    |
0008|     five dollars ($75.00) of which shall be credited to the taxpayer
    |
0009|     funded election fund<u>, and by filing a single registration
</u>    |
<u></u>0010| <u>    statement under oath on a prescribed form showing:
</u>    |
<u></u>0011| <u>                 (1)  the lobbyist's full name, permanent business
</u>    |
<u></u>0012| <u>    address and business address while lobbying; and
</u>    |
<u></u>0013| <u>                 (2)  the name and address of each of the lobbyist's
</u>    |
<u></u>0014| <u>    employers.  
</u>    |
<u></u>0015| <u>            B.  No registration fee shall be required of individuals
</u>    |
<u></u>0016| <u>    receiving only reimbursement of personal expenses and no other
</u>    |
<u></u>0017| <u>    compensation or salary for lobbying.  No expenditure statement
</u>    |
<u></u>0018| <u>    required by Section 2-11-6 NMSA 1978 shall be required if the
</u>    |
<u></u>0019| <u>    lobbyist anticipates making or incurring and makes or incurs no
</u>    |
<u></u>0020| <u>    expenditures or political contributions under Section 2-11-6 NMSA
</u>    |
<u></u>0021| <u>    1978.  The lobbyist shall indicate in his registration statement
</u>    |
<u></u>0022| <u>    whether those circumstances apply to him.
</u>    |
<u></u>0023| <u>            C.  For each employer listed in Paragraph (2) of
</u>    |
<u></u>0024| <u>    Subsection A of this section, the lobbyist shall file the
</u>    |
<u></u>0025| <u>    following information:
</u>    |
<u></u>0001| <u>                 (1)  a full disclosure of the sources of funds used
</u>    |
<u></u>0002| <u>    for lobbying;
</u>    |
<u></u>0003| <u>                 (2)  a written statement from each of the lobbyist's
</u>    |
<u></u>0004| <u>    employers authorizing him to lobby on the employer's behalf;
</u>    |
<u></u>0005| <u>                 (3)  a brief description of the matters in reference
</u>    |
<u></u>0006| <u>    to which the service is to be rendered; and
</u>    |
<u></u>0007| <u>                 (4)  the name and address of the person, if other
</u>    |
<u></u>0008| <u>    than the lobbyist or his employer, who will have custody of the
</u>    |
<u></u>0009| <u>    accounts, bills, receipts, books, papers and documents required to
</u>    |
<u></u>0010| <u>    be kept under the provisions of the Lobbyist Regulation Act.
</u>    |
<u></u>0011| <u>            D.  For each succeeding year that an individual is
</u>    |
<u></u>0012| <u>    employed or retained as a lobbyist by the same employer, and for
</u>    |
<u></u>0013| <u>    whom all the information disclosed in the initial registration
</u>    |
<u></u>0014| <u>    statement remains substantially the same, the lobbyist shall file
</u>    |
<u></u>0015| <u>    a simple annual registration renewal in January and pay the
</u>    |
<u></u>0016| <u>    <s>[twenty-five dollar ($25.00)]</s> </u>one hundred dollar ($100)<u> filing
</u>    |
<u></u>0017| <u>    fee for each of the lobbyist's employers together with a short,
</u>    |
<u></u>0018| <u>    abbreviated prescribed form for renewal.
</u>    |
<u></u>0019| <u>            E.  Whenever there is a modification of the facts
</u>    |
<u></u>0020| <u>    required to be set forth by this section or there is a termination
</u>    |
<u></u>0021| <u>    of the lobbyist's employment as a lobbyist before the end of the
</u>    |
<u></u>0022| <u>    calendar year, the lobbyist shall notify the secretary of state
</u>    |
<u></u>0023| <u>    within one month of such occurrence and shall furnish full
</u>    |
<u></u>0024| <u>    information concerning the modification or termination.  If the
</u>    |
<u></u>0025| <u>    lobbyist's employment terminates at the end of a calendar year, no
</u>    |
<u></u>0001| <u>    separate termination report need be filed."
</u>    |
<u></u>0002| <u>        Section 12.  Effective December 31, 1998, Section 2-11-3 NMSA
</u>    |
<u></u>0003| <u>    1978 (being Laws 1977, Chapter 261, Section 3, as amended and as
</u>    |
<u></u>0004| <u>    further amended by Section 11 of this act) is amended to read:
</u>    |
<u></u>0005| <u>        "2-11-3.  REGISTRATION STATEMENT TO BE FILED--CONTENTS--
</u>    |
<u></u>0006| <u>    MODIFICATION TO STATEMENT.--
</u>    |
<u></u>0007| <u>            A.  In the month of January prior to each regular session
</u>    |
<u></u>0008| <u>    or before any service covered by the Lobbyist Regulation Act
</u>    |
<u></u>0009| <u>    commences, any individual who is initially employed or retained as
</u>    |
<u></u>0010| <u>    a lobbyist shall register with the secretary of state by paying an
</u>    |
<u></u>0011| <u>    annual filing fee of <s>[one hundred dollars ($100)]</s> </u>twenty-five
    |
0012|     dollars ($25.00)<u> for each of the lobbyist's employers, <s>[seventy-
</u></s>    |
<u><s></u></s>0013| <u><s>    five dollars ($75.00) of which shall be credited to the taxpayer
</u></s>    |
<u><s></u></s>0014| <u><s>    funded election fund]</s> and by filing a single registration
</u>    |
<u></u>0015| <u>    statement under oath on a prescribed form showing:
</u>    |
<u></u>0016| <u>                 (1)  the lobbyist's full name, permanent business
</u>    |
<u></u>0017| <u>    address and business address while lobbying; and
</u>    |
<u></u>0018| <u>                 (2)  the name and address of each of the lobbyist's
</u>    |
<u></u>0019| <u>    employers.  
</u>    |
<u></u>0020| <u>            B.  No registration fee shall be required of individuals
</u>    |
<u></u>0021| <u>    receiving only reimbursement of personal expenses and no other
</u>    |
<u></u>0022| <u>    compensation or salary for lobbying.  No expenditure statement
</u>    |
<u></u>0023| <u>    required by Section 2-11-6 NMSA 1978 shall be required if the
</u>    |
<u></u>0024| <u>    lobbyist anticipates making or incurring and makes or incurs no
</u>    |
<u></u>0025| <u>    expenditures or political contributions under Section 2-11-6 NMSA
</u>    |
<u></u>0001| <u>    1978.  The lobbyist shall indicate in his registration statement
</u>    |
<u></u>0002| <u>    whether those circumstances apply to him.
</u>    |
<u></u>0003| <u>            C.  For each employer listed in Paragraph (2) of
</u>    |
<u></u>0004| <u>    Subsection A of this section, the lobbyist shall file the
</u>    |
<u></u>0005| <u>    following information:
</u>    |
<u></u>0006| <u>                 (1)  a full disclosure of the sources of funds used
</u>    |
<u></u>0007| <u>    for lobbying;
</u>    |
<u></u>0008| <u>                 (2)  a written statement from each of the lobbyist's
</u>    |
<u></u>0009| <u>    employers authorizing him to lobby on the employer's behalf;
</u>    |
<u></u>0010| <u>                 (3)  a brief description of the matters in reference
</u>    |
<u></u>0011| <u>    to which the service is to be rendered; and
</u>    |
<u></u>0012| <u>                 (4)  the name and address of the person, if other
</u>    |
<u></u>0013| <u>    than the lobbyist or his employer, who will have custody of the
</u>    |
<u></u>0014| <u>    accounts, bills, receipts, books, papers and documents required to
</u>    |
<u></u>0015| <u>    be kept under the provisions of the Lobbyist Regulation Act.
</u>    |
<u></u>0016| <u>            D.  For each succeeding year that an individual is
</u>    |
<u></u>0017| <u>    employed or retained as a lobbyist by the same employer, and for
</u>    |
<u></u>0018| <u>    whom all the information disclosed in the initial registration
</u>    |
<u></u>0019| <u>    statement remains substantially the same, the lobbyist shall file
</u>    |
<u></u>0020| <u>    a simple annual registration renewal in January and pay the <s>[one
</u></s>    |
<u><s></u></s>0021| <u><s>    hundred dollar ($100)]</s> </u>twenty-five dollar ($25.00)<u> filing fee
</u>    |
<u></u>0022| <u>    for each of the lobbyist's employers together with a short,
</u>    |
<u></u>0023| <u>    abbreviated prescribed form for renewal.
</u>    |
<u></u>0024| <u>            E.  Whenever there is a modification of the facts
</u>    |
<u></u>0025| <u>    required to be set forth by this section or there is a termination
</u>    |
<u></u>0001| <u>    of the lobbyist's employment as a lobbyist before the end of the
</u>    |
<u></u>0002| <u>    calendar year, the lobbyist shall notify the secretary of state
</u>    |
<u></u>0003| <u>    within one month of such occurrence and shall furnish full
</u>    |
<u></u>0004| <u>    information concerning the modification or termination.  If the
</u>    |
<u></u>0005| <u>    lobbyist's employment terminates at the end of a calendar year, no
</u>    |
<u></u>0006| <u>    separate termination report need be filed."
</u>    |
<u></u>0007| <u>        Section 13.  APPROPRIATIONS.--
</u>    |
<u></u>0008| <u>            A.  Two hundred fifty thousand dollars ($250,000) is
</u>    |
<u></u>0009| <u>    appropriated from the general fund to the taxpayer funded election
</u>    |
<u></u>0010| <u>    fund for expenditure in fiscal years 1998 and 1999 for the purpose
</u>    |
<u></u>0011| <u>    of providing public funds for election campaigns covered by the
</u>    |
<u></u>0012| <u>    Taxpayer Funded Election Act.  Any unexpended or unencumbered
</u>    |
<u></u>0013| <u>    balance remaining in the fund at the end of fiscal year 1999 shall
</u>    |
<u></u>0014| <u>    revert to the general fund.
</u>    |
<u></u>0015| <u>            B.  One hundred thousand dollars ($100,000) is
</u>    |
<u></u>0016| <u>    appropriated from the general fund to the secretary of state for
</u>    |
<u></u>0017| <u>    expenditure in fiscal years 1998 and 1999 for the purpose of
</u>    |
<u></u>0018| <u>    administering the Taxpayer Funded Election Act, hiring an
</u>    |
<u></u>0019| <u>    additional full-time-equivalent employee and providing for the
</u>    |
<u></u>0020| <u>    costs of the taxpayer funded election task force.  Any unexpended
</u>    |
<u></u>0021| <u>    or unencumbered balance remaining at the end of fiscal year 1999
</u>    |
<u></u>0022| <u>    shall revert to the general fund.
</u>    |
<u></u>0023| <u>        Section 14.  DELAYED REPEAL.--Effective December 31, 1998 
</u>    |
<u></u>0024| <u>    the Taxpayer Funded Election Act is repealed.
</u>    |
<u></u>0025| <u>        Section 15.  APPLICATION OF ACT.--The provisions of this act
</u>    |
<u></u>0001| <u>    apply to elections for the office of state auditor through
</u>    |
<u></u>0002| <u>    December 31, 1998.
</u>    |
<u></u>0003| <u>                                    
</u>    |
<u></u>0004| <u>  
</u>    |
<u></u>0005| <u>                        FORTY-THIRD LEGISLATURE
</u>    |
<u></u>0006| <u>                          FIRST SESSION, 1997
</u>    |
<u></u>0007| <u>  
</u>    |
<u></u>0008| <u>  
</u>    |
<u></u>0009| <u>                                                      March 15, 1997
</u>    |
<u></u>0010| <u>  
</u>    |
<u></u>0011| <u>  Mr. President:
</u>    |
<u></u>0012| <u>  
</u>    |
<u></u>0013| <u>      Your RULES COMMITTEE, to whom has been referred
</u>    |
<u></u>0014| <u>  
</u>    |
<u></u>0015| <u>               SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
</u>    |
<u></u>0016| <u>                            SENATE BILL 569
</u>    |
<u></u>0017| <u>  
</u>    |
<u></u>0018| <u>  has had it under consideration and reports same WITHOUT
</u>    |
<u></u>0019| <u>  RECOMMENDATION, and thence referred to the FINANCE COMMITTEE.
</u>    |
<u></u>0020| <u>  
</u>    |
<u></u>0021| <u>                               Respectfully submitted,
</u>    |
<u></u>0022| <u>  
</u>    |
<u></u>0023| <u>  
</u>    |
<u></u>0024| <u>  
</u>    |
<u></u>0025| <u>                               __________________________________
</u>    |
<u></u>0001| <u>                               Gloria Howes, Chairman 
</u>    |
<u></u>0002| <u>  
</u>    |
<u></u>0003| <u>  
</u>    |
<u></u>0004| <u>  Adopted_______________________   Not Adopted_______________________
</u>    |
<u></u>0005| <u>            (Chief Clerk)                          (Chief Clerk)
</u>    |
<u></u>0006| <u>  
</u>    |
<u></u>0007| <u>  
</u>    |
<u></u>0008| <u>                    Date ________________________
</u>    |
<u></u>0009| <u>  
</u>    |
<u></u>0010| <u>  
</u>    |
<u></u>0011| <u>  The roll call vote was </u> 4 <u> For </u> 2 <u> Against
</u>    |
<u></u>0012| <u>          Yes:    4
</u>    |
<u></u>0013| <u>          No:     Adair, Gorham
</u>    |
<u></u>0014| <u>               Excused:     Aragon, Rodarte
</u>    |
<u></u>0015| <u>          Absent: None
</u>    |
<u></u>0016| <u>  
</u>    |
<u></u>0017| <u>  
</u>    |
<u></u>0018| <u>  
</u>    |
<u></u>0019| <u>  S0569RU1
</u>    |
<u></u>0020| <u>  
</u>    |
<u>