SENATE BILL 605

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

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO SETTLEMENTS; PROVIDING NOTICE TO LEGISLATIVE AND EXECUTIVE LEADERSHIP OF MEDIATIONS THAT MIGHT RESULT IN COSTING THE STATE MORE THAN ONE MILLION DOLLARS ($1,000,000); CREATING A SETTLEMENT MANAGEMENT COMMITTEE TO GIVE RECOMMENDATIONS ON SETTLEMENTS.

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

     SECTION 1. [NEW MATERIAL] MEDIATION--SETTLEMENT--NOTICE TO LEGISLATURE AND EXECUTIVE.--At least fourteen days before a mediation that is scheduled to pursue settlement of a lawsuit that might result in a settlement agreement requiring an expenditure from the state's budget in an amount of one million dollars ($1,000,000) or more, the attorney general shall give notice to the president pro tempore of the senate, the speaker of the house of representatives, the governor and the secretary of finance and administration of the impending mediation.

     SECTION 2. [NEW MATERIAL] SETTLEMENT MANAGEMENT COMMITTEE--RECOMMENDATIONS.--

          A. There is created a "settlement management committee" composed of:

                (1) the president pro tempore of the senate or the president's designee;

                (2) the speaker of the house of representatives or the speaker's designee;

                (3) the chair and vice chair of the legislative finance committee;

                (4) the governor or the governor's designee; and

                (5) the secretary of finance and administration.

          B. The attorney general shall not enter into any agreement in connection with a lawsuit to which the state is a party that contains any provision that requires an expenditure from the state's budget in an amount of one million dollars ($1,000,000) or more over the term of the agreement before presenting the terms of the settlement agreement to the settlement management committee for its review and recommendations.

          C. The settlement management committee shall meet to review the proposed settlement agreement and shall make a recommendation on whether the settlement agreement shall be executed or rejected.

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