SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 317

54th legislature - STATE OF NEW MEXICO - first session, 2019

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; AMENDING A SECTION OF THE NMSA 1978 REGARDING CONFIDENTIALITY OF RECORDS.

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. After the conclusion of the applicable period as provided for in Section 15-7-9 NMSA 1978, 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 shall post 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 conclusion of the applicable period as provided for in Section 15-7-9 NMSA 1978.

          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.

     SECTION 2. Section 15-7-9 NMSA 1978 (being Laws 1981, Chapter 280, Section 1) is amended to read:

     "15-7-9. CONFIDENTIALITY OF RECORDS--PENALTY.--

          A. The following records created or maintained by the risk management division of the general services department are confidential and shall not be subject to any right of inspection by any person who is not a state officer, member of the legislature or state employee within the scope of [his] official duties:

                (1) records pertaining to insurance coverage; provided any record of a particular coverage shall be available to any public officer, public employee or governmental entity insured under such coverage; and

                (2) records pertaining to claims for damages or other relief against any governmental entity or public officer or employee; provided such records shall be subject to public inspection by New Mexico citizens one hundred eighty days after the latest of the following dates:

                     [(a) the date all statutes of limitation applicable to the claim have run;

                     (b)] (a) the date all litigation involving the claim and the occurrence giving rise thereto has been brought to final judgment and all appeals and rights to appeal have been exhausted;

                     [(c)] (b) the date the claim is fully and finally settled; or

                     [(d)] (c) the date the claim has been placed on closed status.

          B. Records protected pursuant to Subsection A of this section shall be made available as necessary for purposes of audit or defense. Any person performing such audit or providing such defense shall keep such records confidential, except as required otherwise by law.

          C. Any person who reveals records protected pursuant to Subsection A of this section to another person in violation of this section is guilty of a misdemeanor and shall, upon conviction, be fined not more than one thousand dollars ($1,000). The state shall not employ any person so convicted for a period of five years after the date of conviction."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

- 4 -