HOUSE BILL 722
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Jack E. Thomas
AN ACT
RELATING TO EDUCATIONAL RETIREMENT; ENACTING A NEW SECTION OF THE EDUCATIONAL RETIREMENT ACT TO PROHIBIT THE DISCLOSURE OF CERTAIN CONFIDENTIAL INFORMATION; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Educational Retirement Act is enacted to read:
"[NEW MATERIAL] DISCLOSURE OF MEMBER OR RETIRED MEMBER INFORMATION--PENALTY.--
A. Other than names of members and local administrative units by which a member was employed; dates of employment, retirement and reported death; service credit; reported salary; and amounts of contributions made by members and local administrative units, neither the board nor its employees or contractors shall allow public inspection or disclosure of any information regarding a member or retired member to anyone except:
(1) the member, retired member or the spouse or authorized representative of the member or retired member;
(2) other persons specifically identified in a prior release and consent, in the form prescribed by the board, executed by the member, retired member, spouse or authorized representative; or
(3) the attorney general, appropriate law enforcement agencies, the state auditor or the public education department or higher education department, if the information provided relates to contributions, payments or management of money received by, or the financial controls or procedures of, a local administrative unit.
B. No person receiving information disclosed by a violation of Subsection A of this section shall disclose that information to any other person unless authorized by an applicable confidentiality agreement, board rule or state law.
C. Whoever violates a provision of Subsection A or B of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978."
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