SB 64 — PUBLIC RECORDS PERTAINING TO CERTAIN CLAIMS

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 64 54 TH LEGISLATURE- STATE OF NEW MEXICO - SECOND SESSION , 2020 4 6 8 10 AN ACT RELATING TO RISK MANAGEMENT;

CHANGING AND REMOVING THE EVENTS THAT TRIGGER RELEASE OF PUBLIC RECORDS PERTAINING TO CERTAIN CLAIMS AGAINST GOVERNMENTAL ENTITIES, e t 17 PUBLIC OFFICERS OR PUBLIC EMPLOYEES;

ELIMINATING CRIMINAL w l n d 18 PENALTIES FOR REVEALING CONFIDENTIAL RECORDS PERTAINING TO = = 19 CERTAIN CLAIMS AGAINST GOVERNMENTAL ENTITIES, PUBLIC OFFICERS a l i a e r 20 OR PUBLIC EMPLOYEES.

a t m m 21 d r e 22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

c e s k 23 SECTION 1.

Section 15-7-9 NMSA 1978 (being Laws 1981, e a n b 24 Chapter 280, Section 1) is amended to read:

u [ "15-7-9.

CONFIDENTIALITY OF RECORDSRECORDS.-- [PENALTY ].-- .217238.1 SJC/SB 64 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 [not a state officer, member of the legislature] except the New Mexico legislative council or a state employee within the scope of [his] the New Mexico legislative council's or state employee's official duties:

provided that any record of a particular coverage SJC/SB 64 Page 1 shall be available to any public officer, public employee or governmental entity insured under such coverage;

provided [suchthat the records shall be subject to public inspection byon Newand Mexico citizens one hundred eighty days after the latestearliest ofof: the following dates:

e e 17 (a) the date alla statutesfinal ofjudgment limitationis eissued eresolving n d 18 applicable to the claim haveand run]all thatappeals theand recordsrights shall be = = l ] 19 subject to publicappeal inspectionhave onbeen andexhausted; after the earliest of:

aor l(b) r i 20 [(b)] (a) the date [all litigation t e a tsettlement involvingagreement the claim and the occurrence giving rise thereto has m m 21 e d been brought to] a final judgment is issuedsigned resolvingby the claim r e 22 c e r c 23 and all appealsof andthe rightsparties. to appeal have been exhausted;

or e a n b 24 [(c) the date the claim is fully and u [ finally settled;

or .217238.1 - 2 - SJC/SB 64 (d) the date the claim has been placed on closed status] (b) the date a settlement agreement is signed by all of the parties.

Any person performing such audit or providing such defense shall keep such records confidential, except as required otherwise by law.law." SJC/SB 64 Page 2 25

[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.]" - 3 - e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217238.1