SB 124 — SUPERINTENDENT OF INSURANCE SUBPOENAS

SENATEAN BILLACT 124RELATING 57THTO LEGISLATURETHE -OFFICE STATE OF NEWSUPERINTENDENT MEXICOOF -INSURANCE; FIRST SESSION, 2025 INTRODUCED BY Katy M.

DuhiggPROVIDING ThisTHE documentPOWER mayTO incorporateISSUE amendmentsA proposedCIVIL byINVESTIGATIVE aSUBPOENA committee,TO butTHE notSUPERINTENDENT yetOF adopted,INSURANCE; as well as amendments that have been adopted during the current legislative session.

ThePROVIDING documentPROCEDURES isTO aCOMPEL toolCOMPLIANCE toWITH showSUCH amendmentsA inSUBPOENA. context and cannot be used for the purpose of adding amendments to legislation.

h7 ANBE ACTIT gENACTED oBY RELATING TO THE OFFICELEGISLATURE OF SUPERINTENDENTTHE STATE OF INSURANCE;NEW MEXICO:

tSECTION hr1. g e i k PROVIDING THE POWER TO ISSUE A CIVIL INVESTIGATIVE SUBPOENA TO h r i s THE SUPERINTENDENT OF INSURANCE;

PROVIDINGSection PROCEDURES59A-2-8 TONMSA COMPEL1978 h(being ,Laws t,1984, COMPLIANCEChapter WITH127, SUCHSection A26, SUBPOENA.as amended) is amended to read:

e"59A-2-8. 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.

Section 59A-2-8 NMSA 1978 (being Laws 1984, r i = r t e w d m a n o Chapter 127, Section 26, as amended) is amended to read:

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b e d s º o t n = .229616.2SAAIC January 31, 2025 (2:11pm) s k m e e a n e d r e l u [ A d "59A-2-8.

(5) conduct such examinations and investigations of insurance matters, in addition to those expressly authorized, as the superintendent may deem proper SB 124 Page 1 upon reasonable and probable cause to determine whether a h person has violated a provision of the Insurance Code or to g o t hr secure information useful in the lawful enforcement or g e i k administration of the provision;

h r i s (a) when examining or investigating such h , t, insurance matters, the superintendent may issue a civil e u g e b l e e h investigative subpoena prior to the issuance of a notice of n d d i = = o h contemplated action;SRCºaction; and provided further that the l ] b ,d i a º e authority to issue a specific civil investigative subpoena r i = r t e w d m a n o pursuant to this subparagraph may be delegated to staff;»SRC d m :

b e d s º o t n = .229616.2SAAIC January 31, 2025 (2:11pm) s k m e - 2 - e a n e d r e l u [ A d and (b) upon failure of a person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the district court for an order compelling compliance;

The office of superintendent h of insurance shall pay the cost of required bonds;

gSB o124 tPage hr2 (10) comply with the provisions of the g e i k Administrative Procedures Act;

h r i s (11) upon an order based upon the invocation h , t, of a state of emergency under the All Hazard Emergency e u g e b l e e h Management Act or the Public Health Emergency Response Act by n d d i = = o h the governor, take those actions necessary to ensure access to l ] b ,d i a º e insurance and the stability of insurance markets during the r i = r t e w d m a n o emergency.

Such actions may include issuing emergency rules or dorders mto :address any or all of the following matters related to insurance policies issued in New Mexico:

b e d s º o t n = .229616.2SAAIC January 31, 2025 (2:11pm) s k m e - 3 - e a n e d r e l u [ A d orders to address any or all of the following matters related to insurance policies issued in New Mexico:

and (12) have such additional powers and duties asSB h124 Page 3 as may be provided by other laws of this state.

g o t hr B.

If a state of emergency under the All Hazard g e i k Emergency Management Act or the Public Health Emergency h r i s Response Act is invoked by the governor, and the superintendent h , t, issues emergency rules or orders to address matters related to e u g e b l e e h insurance policies issued in New Mexico, each emergency rule or n d d i = = o h order:

l ] b ,d i a º e (1) shall specify, by line of insurance:

r i = r t e w d m a n o (a) the geographic area in which the dorder mapplies; :

b e d s º o t n = .229616.2SAAIC January 31, 2025 (2:11pm) s k m e - 4 - e a n e d r e l u [ A d order applies;

or (c) extend beyond the end date of the governor's order." -SB 5124 -Page h4 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 = .229616.2SAAIC January 31, 2025 (2:11pm) s k m e e a n e d r e l u [ A d