SB 36 — SENSITIVE PERSONAL INFORMATION NONDISCLOSURE

SENATEAN BILLACT 36RELATING 57THTO LEGISLATUREGOVERNMENTAL -CONDUCT; STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Antoinette Sedillo Lopez and Cristina Parajón This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ThePROHIBITING documentDISCLOSURE isOF aSENSITIVE toolPERSONAL toINFORMATION showBY amendmentsSTATE inAGENCY contextEMPLOYEES; and cannot be used for the purpose of adding amendments to legislation.

hPROVIDING ANEXCEPTIONS; ACT g o RELATING TO GOVERNMENTAL CONDUCT;

PROHIBITING DISCLOSURE OF t hr g e i k SENSITIVE PERSONAL INFORMATION BY STATE AGENCY EMPLOYEES;

h r i s PROVIDING EXCEPTIONS;

h , t, PRESCRIBING PENALTIES.

e7 u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

l ] b ,d i a º e SECTION 1.

A new section of Chapter 10 NMSA 1978 is r i = r t e w d m a n o enacted to read:

d m :

b e d s º o t n = .229165.5AIC February 18, 2025 (3:05pm) s k m e e a n e d r e l u [ A d "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 4 of this act may be cited as the "Nondisclosure of Sensitive Personal Information Act"." SECTION 2.

"[NEW"SHORT MATERIAL]TITLE.--Sections DEFINITIONS.--As1 usedthrough in4 of this act may be cited as the Nondisclosure"Nondisclosure of Sensitive Personal Information Act:Act"." SECTION 2.

A new section of Chapter 10 NMSA 1978 is enacted to read:

"DEFINITIONS.--As used in the Nondisclosure of Sensitive Personal Information Act:

"social security number" includes an individual hSB tax36 identificationPage number."1 gtax oidentification tnumber." hr SECTION 3.

A new section of Chapter 10 NMSA 1978 is g e i k enacted to read:

h"SENSITIVE r i s "[NEW MATERIAL] SENSITIVE PERSONAL INFORMATION--INFORMATION--EXCEPTIONS.--A h , t, EXCEPTIONS.--A state agency employee shall not intentionally e u g e b l e e h disclose sensitive personal information acquired by virtue of n d d i = = o h the employee's position with a state agency to anyone outside l ] b ,d i a º e the state agency except when such disclosure is:

r i = r t e w d m a n o A.

necessary to carry out a function of the state dagency; m :

b e d s º o t n = .229165.5AIC February 18, 2025 (3:05pm) s k m e - 2 - e a n e d r e l u [ A d agency;

STBTCº E.

made to or by a court or administrative tribunal in the course of a judicial or administrative proceeding or made in a court record;»STBTCor STBTCºE.administrative tribunal record;

made to or by a court or administrative tribunal in the course of a judicial or administrative proceeding or made in a court or administrative tribunal record;»STBTC F.

made to a state contractor that needs the sensitive personal information to perform the contractor's obligations under the contract and has agreed in writing to be h bound by the same restrictions on disclosure that are imposed g o t hr on state employees by this section;

gSB e36 iPage k2 G.

made pursuant to the Whistleblower Protection h r i s Act;

h , t, e u g H.

expressly permitted by the federal Health e b l e e h Insurance Portability and Accountability Act of 1996 and n d d i = = o h associated regulations;

or l ] b ,d i a º e r i = r I.

made with the written consent of the person t e w d m a n o whose information would be disclosed." dSECTION m4. :

b e d s º o t n = .229165.5AIC February 18, 2025 (3:05pm) s k m e - 3 - e a n e d r e l u [ A d SECTION 4.

"[NEW"ENFORCEMENT--PENALTIES.--The MATERIAL] ENFORCEMENT--PENALTIES.--The attorney general, a district attorney and the state ethics commission may institute a civil action in district court if a violation has occurred or to prevent a violation of the Nondisclosure of Sensitive Personal Information Act.

MOTOR VEHICLE-RELATED RECORDS--CONFIDENTIAL.--RECORDS-- CONFIDENTIAL.-- A.

It is unlawful for any department or bureau h employee or contractor or for any former department or bureau uSB »36 rPage 3 employee or contractor to disclose to any person other than t h g e l i another employee of the department or bureau any personal h r i s information about an individual obtained by the department or h , e h bureau in connection with a driver's license or permit, the t u g e b l e e , gh titling or registration of a vehicle, the administration of the n d d i = = o h Ignition Interlock Licensing Act and the interlock device fund l ] b ,d i a º r or an identification card issued by the department pursuant to e r = t e w d m a n o the Motor Vehicle Code except:

d(1) mto :the individual or the individual's authorized representative;

b r e t º o t n = .229165.5AIC February 18, 2025 (3:05pm) s k m e - 4 - e a n e d r e l u [ A d (1) to the individual or the individual's authorized representative;

(4) for use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed or used to contact h individuals;

uSB »36 rPage 4 (5) for use by any insurer or insurance t h g e l i support organization or by a self-insured entity or its agents, h r i s employees or contractors in connection with claims h , e h investigation activities, antifraud activities, rating or t u g e b l e e , gh underwriting;

n d d i = = o h (6) for providing notice to owners of towed or l ] b ,d i a º r impounded vehicles;

e(7) rfor =use tby ean wemployer dor mits aagent nor oinsurer (7)in forobtaining useor byverifying aninformation employerrelating orto itsa agentholder orof da mcommercial :driver's license;