2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 11 - Lobbyist Regulation › Section 2-11-8.2 - Compliance with act; enforcement of act; civil penalties.

A. The secretary of state shall advise and seek to educate all persons required to perform duties pursuant to the Lobbyist Regulation Act of those duties. This includes advising all registered lobbyists at least annually of the Lobbyist Regulation Act's deadlines for submitting required reports. The state ethics commission, in consultation with the secretary of state, shall issue advisory opinions, when requested to do so in writing, on matters concerning the Lobbyist Regulation Act.
B. The secretary of state may conduct examinations of reports and the state ethics commission may initiate investigations to determine whether the Lobbyist Regulation Act has been violated. Any person who believes that a provision of the Lobbyist Regulation Act has been violated may file a written complaint with the state ethics commission pursuant to the terms of the State Ethics Commission Act [Chapter 10, Article 16G NMSA 1978]. If the commission has jurisdiction for the complaint, the state ethics commission shall refer the complaint to the secretary of state. Upon referral, the secretary of state shall attempt to achieve voluntary compliance with the Lobbyist Regulation Act. Within twenty days after receiving the complaint from the state ethics commission, the secretary of state shall return the complaint to the state ethics commission and certify to the state ethics commission whether voluntary compliance was achieved. If the secretary of state certifies voluntary compliance, the state ethics commission shall dismiss the complaint or that part of the complaint alleging a violation of the Lobbyist Regulation Act. If the secretary of state does not certify voluntary compliance, the state ethics commission shall proceed with the complaint pursuant to the terms of the State Ethics Commission Act.
C. The secretary of state and the state ethics commission shall at all times seek to ensure voluntary compliance with the provisions of the Lobbyist Regulation Act. Additionally, the state ethics commission shall give a person who violates that act unintentionally or for good cause ten days' notice to come into compliance before the commission takes any action on a complaint filed with or referred to the commission against that person.
D. Any person who fails to file or files a report after the deadline imposed by the Lobbyist Regulation Act shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the report until the complete report is filed, up to a maximum of five thousand dollars ($5,000).
E. If the secretary of state determines that a reporting entity subject to the reporting provisions of the Lobbyist Regulation Act has failed to file or has filed a report after the deadline, the secretary of state shall by written notice set forth the violation and the fine that may be imposed and inform the reporting individual that the individual has ten working days from the date of the letter to come into voluntary compliance and to provide a written explanation, under penalty of perjury, stating any reason why the violation occurred. If a timely explanation is filed and the secretary of state determines that good cause exists to waive the imposition of a fine, the secretary of state may by a written notice of final action partially or fully waive the imposition of a fine for any late report or statement of no activity. A written notice of final action shall be sent by certified mail. The secretary of state may file an appropriate court action to remit outstanding fines for good cause or refer unpaid fines for enforcement pursuant to Subsection F of this section.
F. The secretary of state may refer a matter to the state ethics commission for a civil injunctive or other appropriate order or enforcement.
History:
1953 Comp., § 2-13-4, enacted by Laws 1977, ch. 261, § 4; amended and recompiled as § 2-11-8.2 NMSA 1978 by Laws 1993, ch. 46, § 24; 1995, ch. 153, § 22; 1997, ch. 112, § 7; 2021, ch. 109, § 10.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, revised administrative and enforcement duties of the state ethics commission and the secretary of state under the Lobbyist Regulation Act, removed provisions related to binding arbitration following a notice of final action, required the state ethics commission to give a person who violates the Lobbyist Regulation Act ten days' notice to come into compliance before the commission takes any action, and removed provisions allowing the secretary of state to refer violations of the Lobbyist Regulation Act to the attorney general or a district attorney for enforcement, and instead authorized the secretary of state to refer matters to the state ethics commission for a civil injunction or other appropriate order or enforcement; in the section heading, after "enforcement of act", deleted "binding arbitration"; in Subsection A, after the second occurrence of "The", deleted "secretary of state, in consultation with the attorney general" and added "state ethics commission, in consultation with the secretary of state", and deleted "All prescribed forms prepared shall be clear and easy to complete."; deleted former Subsection B and added a new Subsection B; in Subsection C, after "The secretary of state", added "and the state ethics commission", and added "Additionally, the state ethics commission shall give a person who violates that act unintentionally or for good cause ten days' notice to come into compliance before the commission takes any action on a complaint filed with or referred to the commission against that person." and deleted the remainder of the subsection; deleted former Subsections D through F and redesignated former Subsection G as Subsection D; added a new Subsection E and redesignated former Subsection H as Subsection F; and in Subsection F, after "refer a matter to the", added "state ethics commission," and deleted "attorney general or a district attorney".
The 1997 amendment,
effective June 20, 1997, rewrote Subsections D, E, and F.
The 1995 amendment,
effective June 16, 1995, inserted "a provision of that" in the second sentence of Subsection B; rewrote Subsections C, D, and E; in Subsection F, inserted "impose any penalty and" in the first sentence and "and filed with the secretary of state" in the third sentence; and in Subsection G, deleted "statement or" preceding "report" in three places and deleted "at or from the time initially required for the filing".
The 1993 amendment,
effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.