The purpose of the Charitable Solicitations Act is to authorize the attorney general to monitor, supervise and enforce the charitable purposes of charitable organizations and regulate professional fundraisers operating in this state.
History: Laws 1983, ch. 140, § 2; 1999, ch. 124, § 2.
The 1999 amendment, effective July 1, 1999, deleted the introductory language which read "Whereas charitable organizations which have been granted tax exempt status are required to serve the public interest", deleted "Organizations and" preceding "Solicitations Act", deleted "those" following "purposes of", and inserted "and regulate professional fundraisers".
Role of attorney general. — The attorney general is not limited to regulating professional fund raisers; it is also authorized to monitor, supervise, and enforce charitable purposes of charitable organizations. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
The Coulston foundation is subject to Charitable Solicitations Act. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
Federal law does not preempt operation of Act against the foundation. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
Where the foundation does not point to any language in any federal statute expressly displacing the Charitable Solicitations Act, and the foundation has failed to demonstrate Congress' intent to preempt the field covered by the act, the foundation's argument that the act does not apply to it is rejected and the district court had subject matter jurisdiction to enforce the civil investigative demands. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
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