LobbyComply Blog

The 55th New Mexico Legislature is set to adjourn sine die March 20.

During the session, several bills were introduced relating to lobbying and campaign finance.

Two key bills related to lobbying and the legislative session are advancing through the Legislature.

House Joint Resolution 13, relating to the legislative session, proposes to change the date each regular session of the Legislature begins and seeks to remove the restrictions on bills that may be considered in even-numbered years and the date laws would go into effect after adjournment sine die.

Under the bill, the legislative session would convene on the third Tuesday of February rather than January and would remain in session no longer than 45 days instead of thirty.

Additionally, bills would go into effect 75 days rather than 90 days after adjournment of the session.

If passed, House Joint Resolution 13 would be submitted to voters for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

Separately, House Bill 244, relating to ethics commission responsibilities for campaign reporting and lobbyist regulations, provides the ethics commission, in consultation with the secretary of state, must issue advisory opinions when requested.

The bill designates the ethics commission, rather than the secretary of state, to receive any complaints regarding a violation of the Campaign Reporting Act.

Under the bill, the secretary of state may promulgate rules to implement the provisions of the Lobbyist Regulation Act.

If passed, House Bill 244 would become effective July 1, 2021.

Legislation not acted upon by Gov. Michelle Lujan Grisham will be pocket vetoed on April 9, meaning passed bills will become law without her signature.

Voters in New Mexico’s 1st Congressional District will go to the polls June 1 for a special election to fill the seat left vacant by Rep. Deb Haaland.

Haaland was confirmed to lead the Department of the Interior on March 18.

The district consists of Torrance County, most of Bernalillo County and just parts of Sandoval, Santa Fe and Valencia counties. Only those living in these counties will vote.

Greater disclosure requirements for lobbyists in New Mexico will be a topic of discussion during the largely virtual 2021 legislative session.

Lawmakers will consider requiring lobbyists or their employers to list the bills they lobbied, the position they took on each bill, and to report all money spent to influence state policy, including lobbyist compensation.

Additionally, legislation has been proposed to empower the state ethics commission to set the salary of all public officials, including legislators.

Though these types of proposals have failed in the past, open government advocates believe they stand a better chance in a virtual session without lobbyists physically present in the building.

During the virtual session, the public will be able to provide comments online via Zoom or by phone while the Roundhouse remains closed due to COVID-19.

House members will participate in floor and committee debates via Zoom, which will be broadcast publicly online. All legislation considered by the full House will be placed on a temporary calendar for 24 hours to ensure transparency and accessibility.

New Mexico lobbyists and lobbyist employers may begin registering and paying their registration fees in the new Campaign Finance Information System available at: https://login.cfis.sos.state.nm.us/#/index.

Both lobbyists and lobbyist employers will be required to register and create an employer/employee relationship to comply with the new system.

To help with the new system, the Secretary of State’s Office will hold live, online webinar classes with a thorough overview and demonstrations.

Morning and afternoon sessions will be held from 9 a.m. to 11 a.m. and from 2 p.m. to 4 p.m. beginning Monday, December 14 through Wednesday, December 16.

New Mexico Gov. Michelle Lujan Grisham announced November 19 she will call a special legislative session prior to Thanksgiving to provide COVID-19 relief.

The state has about $300 million in federal aid. Gov. Grisham and lawmakers want to use the resources toward small businesses and unemployment.

The special session is scheduled to begin Tuesday, November 24, and is expected to last one day. The Roundhouse will be closed to the public during that time.

A legislative report will be due within 48 hours for each separate expenditure of $500 or more made or incurred by a lobbyist or employer during the special legislative session.

In a 3-2 decision on June 16, the New Mexico Supreme Court denied a request allowing lobbyists and public into the Capitol, known as the Roundhouse, during the special legislative session beginning June 18.

Chief Justice Judith Nakamura described the decision as a difficult ruling to make. However, Nakamura concurred with Justices Barbara Vigil and Michael Vigil in denying the petition. 24 lawmakers submitted this proposal which would have opened the Roundhouse to lobbyists and the public for the special session.

The petition argued that prohibiting lobbyists from entering the Roundhouse violates the constitutional requirement to make all legislative sessions public.

New Mexico’s constitution provides all sessions of each house must be public. Justices challenged attorneys on both sides to define the term “public” and explain in detail what constitutes a public session.

Justice C. Shannon Bacon expressed concern about large parts of the state not having broadband. She also emphasized that thousands of people do not have access to computers, describing New Mexico as a technological desert.

The Supreme Court concluded virtual proceedings balance the need to protect the public from the public health concerns of COVID-19 with the need to ensure the legislative session remains open and transparent.

The ruling means those who wish to follow the session will watch the hearings from their computer screens. This will be current reality, rather than gathering in committee rooms and House and Senate galleries.

The public will be able to speak at the discretion of the House committee chairs via Zoom video conference call. However, the public will only be allowed to send emails, rather than joining a video conference, to address the Senate’s committee.

Beginning June 18, lawmakers will begin debating how to shore up an estimated $2 billion shortfall in projected revenues for the fiscal year 2021 budget. This shortfall is largely due to the pandemic-related government shutdown.

New Mexico Governor Michelle Lujan Grisham targeted June 18 for the start of a special legislative session.

The session will be held to adjust the state budget amid a major hit to expected revenue related to the COVID-19 pandemic.

Additionally, Governor Grisham hopes to reach bipartisan agreement on financial measures.

As of now, the state is on track to re-open thousands of more businesses and services on June 1.

The legislative session is expected to span several days.

New Mexico Gov. Michelle Lujan Grisham indicated she is likely to call legislators to a special session in response to the COVID-19 pandemic.

If called, the session would focus on revising a recently signed state budget, addressing public health needs, and providing economic relief.

In a letter to legislators, Gov. Grisham said emergency federal aid needs to be established before state budget revisions can take place.

The Second Session of the 54th New Mexico Legislature adjourned sine die on February 20 at noon after 30 days in session.

During the session, legislators endorsed a $7.6 billion general fund budget for the fiscal year beginning July 1.

The budget raises annual spending by $536 million, setting aside $17 million toward an initiative that may eventually provide tuition-free education at public colleges.

The budget bill also places $320 million in an endowment fund designed to underwrite early childhood education programs with future investments earnings.

Lawmakers also introduced but did not pass Senate Bill 53, which would have required a lobbyist or lobbyist’s employer to file reports within 14 days following the conclusion of a legislative session.

Senate Bill 53 would have required the post-session report to indicate legislation lobbied and the position taken on each piece of legislation.

Opening day of the 2021 legislative session is scheduled for January 19.

Rep. Joseph Sanchez is resigning from his House District 40 seat to run for election to the 3rd Congressional District.

Sanchez previously defeated Tweeti Blancett in the general election for the seat on November 6, 2018.

The race for the House District 40 seat now has two contestants: Roger Montoya and Justin Salazar-Torrez.

The election will take place on June 2.

A federal judge in New Mexico ruled on January 30 that a Santa Fe ordinance requiring disclosure of campaign spending more than $250 on a ballot proposition is constitutional.

Santa Fe Campaign Code 9-2.6, passed in 2015, states that a person or entity spending $250 or more in support or defeat of a ballot proposition must disclose all expenditures made and contributions received with the city clerk.

Senior U.S. District Court judge Judith C. Herrera’s ruling stems from a 2017 lawsuit brought by nonprofit Rio Grande Foundation.

The suit claimed that disallowing anonymous donations to the foundation was an infringement on free speech.

While the foundation argued that anonymity protects donors from potential harassment from those who disagree with the issues being advocated, the judge found that the disclosure requirements of the ordinance serve substantial governmental interests.

In an effort to increase transparency, Sen. Jeff Steinborn is sponsoring a bill that would require post-session lobbying reports.

Under Senate Bill 53, lobbyists or their employers would have to file an expenditure report within 14 days after each legislative session listing the legislation they supported or opposed.

The 2020 session of the 54^th Legislature is scheduled to begin on January 21 and adjourn on February 20.

If Steinborn’s bill passes, it will become effective on May 20.

New Mexico’s new Ethics Commission opened its doors January 2 to complaints regarding campaign finance, government contracting, gifts from lobbyists, and more.

Voters approved the creation of the Ethics Commission in a November 2018 referendum.

The new Ethics Commission has the power to enforce the civil provisions of several governmental conduct and disclosure laws by imposing civil penalties and recommending disciplinary action, including impeachment.

Jeremy D. Farris is the first state Ethics Commission executive director.

Farris previously served as general counsel to New Mexico’s Department of Finance and Administration.

Mayor Dan Barrone took his official oath of office on January 4 for the District 42 seat in the New Mexico Legislature.

After applying first for the District 6 Senate position, Barrone decided to put his name in the hat for representative after Roberto “Bobby” Gonzales vacated his seat to serve in the state Senate.

He will serve his term in the Legislature while still acting as the mayor for the town of Taos.