As used in the Lobbyist Regulation Act:

1. A. "compensation" means any money, per diem, salary, fee or portion thereof or the equivalent in services rendered or in-kind contributions received or to be received in return for lobbying services performed or to be performed;
2. B. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value but does not include a lobbyist's own personal living expenses and the expenses incidental to establishing and maintaining an office in connection with lobbying activities or compensation paid to a lobbyist by a lobbyist's employer;
3. C. "legislative committee" means a committee created by the legislature, including interim and standing committees of the legislature;

4. D. "lobbying" means attempting to influence:

   1. (1) a decision related to any matter to be considered or being considered by the legislative branch of state government or any legislative committee or any legislative matter requiring action by the governor or awaiting action by the governor; or
   2. (2) an official action;

5. E. "lobbyist" means any individual who is compensated for the specific purpose of lobbying; is designated by an interest group or organization to represent it on a substantial or regular basis for the purpose of lobbying; or in the course of his employment is engaged in lobbying on a substantial or regular basis. "Lobbyist" does not include:

   1. (1) an individual who appears on his own behalf in connection with legislation or an official action;
   2. (2) any elected or appointed officer of the state or its political subdivisions or an Indian tribe or pueblo acting in his official capacity;
   3. (3) an employee of the state or its political subdivisions, specifically designated by an elected or appointed officer of the state or its political subdivision, who appears before a legislative committee or in a rulemaking proceeding only to explain the effect of legislation or a rule on his agency or political subdivision, provided the elected or appointed officer of the state or its political subdivision keeps for public inspection, and files with the secretary of state, such designation;
   4. (4) any designated member of the staff of an elected state official, provided the elected state official keeps for public inspection and files with the secretary of state such designation;
   5. (5) a member of the legislature, the staff of any member of the legislature or the staff of any legislative committee when addressing legislation;
   6. (6) any witness called by a legislative committee or administrative agency to appear before that legislative committee or agency in connection with legislation or an official action;
   7. (7) an individual who provides only oral or written public testimony in connection with a legislative committee or in a rulemaking proceeding and whose name and the interest on behalf of which he testifies have been clearly and publicly identified; or
   8. (8) a publisher, owner or employee of the print media, radio or television, while gathering or disseminating news or editorial comment to the general public in the ordinary course of business;
6. F. "lobbyist's employer" means the person whose interests are being represented and by whom a lobbyist is directly or indirectly retained, compensated or employed;
7. G. "official action" means the action or nonaction of a state official or state agency, board or commission acting in a rulemaking proceeding;
8. H. "person" means an individual, partnership, association, committee, federal, state or local governmental entity or agency, however constituted, public or private corporation or any other organization or group of persons who are voluntarily acting in concert;
9. I. "political contribution" means a gift, subscription, loan, advance or deposit of any money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for the purpose of influencing a primary, general or statewide election, including a constitutional or other question submitted to the voters, or for the purpose of paying a debt incurred in any such election;
10. J. "prescribed form" means a form prepared and prescribed by the secretary of state;
11. K. "rulemaking proceeding" means a formal process conducted by a state agency, board or commission for the purpose of adopting a rule, regulation, standard, policy or other requirement of general applicability and does not include adjudicatory proceedings; and
12. L. "state public officer" means a person holding a statewide office provided for in the constitution of New Mexico.

History: 1953 Comp., § 2-13-2, enacted by Laws 1977, ch. 261, § 2; 1985, ch. 16, § 1; 1993, ch. 46, § 19; 1994, ch. 85, § 1.

ANNOTATIONS

The 1994 amendment, effective May 18, 1994, in Subsection E, in the introductory paragraph, inserted "the specific purpose", "or organization", "on a substantial or regular basis", and "'Lobbyist' does not include", and redesignated the paragraphs and subparagraphs, adding Paragraphs (1), (3), (4), (7), and (8), and deleting former Subparagraph (3)(d) relating to individuals who appear before a legislative committee to testify; and made stylistic changes throughout the section.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

The state ethics commission has jurisdiction to enforce the registration and reporting requirements of the Lobbyist Regulation Act against all "persons," both individuals and organizations. — Where petitioner conducted a digital lobbying advertising campaign, spending $36,000 on that campaign and then registering with the secretary of state, as required by the Lobbyist Regulation Act (LRA), 2-11-6(I) NMSA 1978, and filing the required expenditure report, but failing to list the identity of the contributors to its advertising campaign, the amounts contributed by each, and each contributor's address and employment, and where, in response to a complaint filed with the state ethics commission (commission) alleging that petitioner violated 2-11-6(I) NMSA 1978, petitioner filed a motion to dismiss, claiming that the commission did not have jurisdiction to enforce 2-11-6(I) NMSA 1978, and where, following a hearing officer's denial of petitioner's motion to dismiss, petitioner filed a verified petition for writ of mandamus with the district court, asking the district court to issue its writ ordering the commission to cease all proceedings against petitioner and to dismiss the complaint for lack of jurisdiction, claiming that 10-16G-9(A) NMSA 1978 of the State Ethics Commission Act limited the commission's jurisdiction to an individual who is a "lobbyist" or to that "lobbyist's employer," as defined by 2-11-2(E) NMSA 1978 and 2-11-2(F) NMSA 1978, respectively, the district court erred in concluding that the commission lacked jurisdiction to proceed, because the sole issue before the commission was whether an organization which engages in a lobbying advertising campaign is a "person" within the commission's enforcement jurisdiction, and by using the word "person" in the State Ethics Commission Act (ECA) to define the term "lobbyist," the legislature intended to include organizations, associations, and other legal or commercial entities within the definition of "lobbyists." Individuals and organizations that are required by any provision of the LRA to register with the secretary of state, are "lobbyists," as the ECA defines the term, and therefore the legislature granted the commission jurisdiction to enforce the registration and reporting requirements of the LRA against all "persons," both individuals and organizations, that are required by the terms of the LRA to register with the secretary of state. N.M. Fams. Forward v. N.M. State Ethics Comm'n, 2025-NMCA-016, cert. denied.