SB 220 — PUBLICATION OF LEGAL SETTLEMENT TERMS

SENATEAN BILLACT 220RELATING 57THTO LEGISLATURERISK -MANAGEMENT; STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Pat Woods and Gabriel Ramos 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.

TheREQUIRING documentTHE isPUBLICATION aOF toolTERMS toOF showLEGAL amendmentsSETTLEMENT inAGREEMENTS; context and cannot be used for the purpose of adding amendments to legislation.

PROVIDING FOR THELOSS LEGISLATIVEPREVENTION FINANCEREVIEW COMMITTEETEAMS; h AN ACT g o RELATING TO RISK MANAGEMENT;

REQUIRING THE PUBLICATION OF TERMS t hr g e i k OF LEGAL SETTLEMENT AGREEMENTS;

PROVIDING FOR LOSS PREVENTION h r i s REVIEW TEAMS;

h6 , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

A new section of the Sunshine Portal l ] b ,d i a º e Transparency Act is enacted to read:

r"PUBLICATION iOF =LEGAL rSETTLEMENT tAGREEMENTS.--State eagencies wor dpublic mschools that enter into an agreement to settle a npotential olegal "[NEWor MATERIALother ]claim PUBLICATIONagainst OFthat LEGALstate SETTLEMENTagency dor mpublic :school with or without the assistance of the risk management division of the general services department or the public school insurance authority shall, within thirty days of entering into a settlement agreement, provide the terms of the settlement agreements for publication on the sunshine portal, in a downloadable format, for free public access." SECTION 2.

b e d s º o t n = .228970.3AIC February 25, 2025 (9:12pm) s k m e e a n e d r e l u [ A d AGREEMENTS.--State agencies Sfl1ºor public schools»Sfl1 that enter into an agreement to settle a potential legal or other claim against Sfl1ºSJCºa»SJC»Sfl1 Sfl1ºSfl1ºa»Sfl1»Sfl1 Sfl1ºSJCºthat»SJC»Sfl1 Sfl1ºthat»Sfl1 Sfl1ºstate agency or public school with or»Sfl1 Sfl1ºSJCºwith or»SJC»Sfl1 without the assistance of the risk management division of the general services department Sfl1ºor the public school insurance authority»Sfl1 shall, within thirty days of entering into a settlement agreement, provide the terms of the settlement agreements for publication on the sunshine portal, in a downloadable format, for free public access." SECTION 2.

"board" means the risk management advisory h board;

g o t hr B.

"director" means the director of the [riskdivision; g e i k management] division [of the general services department];

hSB r220 iPage s1 C.

"division" means the risk management division of h , t, e u g the general services department;

e b l e e h [C.] D.

"local public body" means all political n d d i = = o h subdivisions of the state and their agencies, instrumentalities l ] b ,d i a º e r i = r and institutions;

t e w d m a n o [D.] E.

"public employee" means any officer, demployee mor :servant of a governmental entity, including elected or appointed officials, law enforcement officers and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation, but the term does not include an independent contractor;

b e d s º o t n = .228970.3AIC February 25, 2025 (9:12pm) s k m e - 2 - e a n e d r e l u [ A d employee or servant of a governmental entity, including elected or appointed officials, law enforcement officers and personsF. acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation, but the term does not include an independent contractor;

and [E.] F.

A new section of Chapter 15, Article 7 NMSA 1978 is enacted to read:

"[NEW"LOSS MATERIAL ] LOSS PREVENTION REVIEW TEAMS--MEMBERSHIP--TEAMS--MEMBERSHIP--DUTIES-- DUTIES--REPORTING.--REPORTING.-- A.

State agencies shall notify the division immediately upon becoming aware of an individual's death or serious injury or other substantial loss that is alleged or h suspected to be caused at least in part by the actions of a u » r state agency.

t h g e l i B.

The director shall appoint a loss prevention hSB r220 iPage s2 review team when the occurrence of an individual's death or h , e h serious injury or other substantial loss is alleged or t u g e b l e e , gh suspected to be caused at least in part by the actions of a n d d i = = o h state agencyagency. Sfl2º SFCºonly in matters where the claim is l ] b ,d i a º r pending before a court of competent jurisdiction»SFC»Sfl2 .

eThe rreview =team tshall ebe wappointed din mconjunction awith nthe odefense Thecounsel reviewof teamthe shalldivision bewithin appointedthirty indays conjunctionof with the ddivision mbecoming :aware of such an occurrence.

b r e t º o t n = .228970.3AIC February 25, 2025 (9:12pm) s k m e - 3 - e a n e d r e l u [ A d defense counsel of the division within thirty days of the division becoming aware of such an occurrence.

h After the final judgment resolving any claims related to the u » r loss and rights to appeal have been exhausted or any settlement t h g e l i agreements have been signed by the state and parties related to hthe rloss, ithe sSB the220 loss,Page the3 review team shall submit a report in writing to h , e h the director and the head of the state agency involved in the t u g e b l e e , gh loss or risk of loss.

The report shall include the team's n d d i = = o h findings, an analysis of the causes, contributing factors and l ] b ,d i a º r future risk and an exploration of methods that the state agency emay ruse =to taddress eand wmitigate dthe mrisks aidentified, nincluding ochanges mayto usepolicies or procedures, any legislative recommendation necessary to address and mitigatecarry out the risksrisk identified,treatment includingstrategies didentified min :the report and the manner in which the agency will measure the effectiveness of its changes.

b r e t º o t n = .228970.3AIC February 25, 2025 (9:12pm) s k m e - 4 - e a n e d r e l u [ A d changes to policies or procedures, any legislative recommendation necessary to address and carry out the risk treatment strategies identified in the report and the manner in which the agency will measure the effectiveness of its changes.

The director may promulgate rules to implement h the provisions of this section.

u » r G.

On or before October 1 of each year, the t h g e l i director shall submit a report to the legislature identifying hSB r220 iPage s4 the loss prevention reviews conducted in the past fiscal year, h , e h providing appropriate metrics on effectiveness and efficiency t u g e b l e e , gh of loss prevention review team programs and summarizing any n d d i = = o h determinations of trends in incidents, including reductions or l ] b ,d i a º r increases in the frequency or magnitude of losses and e r = t e w d m a n o innovative approaches to mitigating the risks identified.

dH. m :

b r e t º o t n = .228970.3AIC February 25, 2025 (9:12pm) s k m e - 5 - e a n e d r e l u [ A d H.

and (2) "substantial loss" means a loss in a possible amount greater than Sfl2ºtwo SFCºtwo hundred fifty thousand dollars ($250,000)»SFC($250,000) SFCºone million dollars ($1,000,000)»SFC»Sfl2 Sfl2ºtwo hundred fifty thousand dollars ($250,000)»Sfl2 or a lesser amount as determined by the director." SECTION 4.

-SB 6220 -Page h5 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .228970.3AIC February 25, 2025 (9:12pm) s k m e e a n e d r e l u [ A d