SENATE BILL 88

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO PUBLIC MONEY; REQUIRING POSTING ON THE SUNSHINE PORTAL OF FACTS REGARDING THE AMOUNT OF ANY STATE PUBLIC MONEY PAID IN SETTLEMENT OF HUMAN RIGHTS CLAIMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] HUMAN RIGHTS CLAIMS--SETTLEMENTS--PAYMENT OF DAMAGES AND FEES WITH PUBLIC MONEY--SUNSHINE PORTAL.--

          A. State public money shall not be used to pay actual or compensatory damages or attorney fees as required by a settlement agreement arising from a claim filed with the human rights commission or the United States equal employment opportunity commission unless and until the human rights commission or a state agency that is a party to a settlement agreement arising from a claim filed with the United States equal employment opportunity commission has posted on the sunshine portal:

                (1) a summary of the facts leading to the settlement agreement, including the name of the state agency, department or office involved in the settlement but not including the names or job titles of individual claimants, appellants or respondents; and

                (2) the amount of state public money paid for actual or compensatory damages and attorney fees.

          B. The posting shall occur within thirty days of the execution of a settlement agreement.

          C. As used in this section, "state" means a state agency, department or office that has authority to contract in the name of the state or to make payments from state funds.

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