SB 75 — STATE AGENCY DISCLOSURE OF SENSITIVE INFO

SENATEAN JUDICIARYACT COMMITTEERELATING SUBSTITUTETO FORGOVERNMENTAL SENATECONDUCT; BILL 75 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 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;

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 Chapter 10 NMSA 1978 is l ] b ,d i a º e enacted to read:

r i = r t e w d m a n o "[NEW MATERIAL ] SHORT TITLE.-- Sfl1ºThis»Sfl1 d m :

b e d s º o t n = .220093.2AIC March 3, 2021 (9:04am) s k m e e a n e d r e l u [ A d SJC/SB 75 Sfl1ºSections 1 through 4 of this»Sfl1 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 tax identification number." hSJC/SB 75 Page 1 SECTION 3.

A new section of Chapter 10 NMSA 1978 is g o t hr enacted to read:

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

l ] b ,d i a º e A.

necessary to carry out a function of the state r i = r t e w d m a n o agency;

dB. m :

b e d s º o t n = .220093.2AIC March 3, 2021 (9:04am) s k m e - 2 - e a n e d r e l u [ A d SJC/SB 75 B.

expressly permitted by the federal Health SJC/SB 75 Page 2 Insurance Portability and Accountability Act of 1996 and associated regulations;

or h I.

made with the written consent of the person g o whose information would be disclosed." t hr g e i k SECTION 4.

A new section of Chapter 10 NMSA 1978 is h r i s enacted to read:

h"ENFORCEMENT--PENALTIES.--The , t, "[NEW MATERIAL] ENFORCEMENT--PENALTIES.--The attorney e u g e b l e e h general, a district attorney and the state ethics commission n d d i = = o h may institute a civil action in district court if a violation l ] b ,d i a º e has occurred or to prevent a violation of the Nondisclosure of r i = r t e w d m a n o Sensitive Personal Information Act.

Penalties for a violation dof mthat :act shall be a civil penalty of two hundred fifty dollars ($250) for each violation, but not to exceed five thousand dollars ($5,000)." SECTION 5.

b e d s º o t n = .220093.2AIC March 3, 2021 (9:04am) s k m e - 3 - e a n e d r e l u [ A d SJC/SB 75 of that act shall be a civil penalty of two hundred fifty dollars ($250) for each violation, but not to exceed five thousand dollars ($5,000)." Sfl1ºSECTION 5.

SJC/SB 75 Page 3 (3) the Gift Act;

h g (7) the Procurement Code;

o t hr (8) the Nondisclosure of Sensitive Personal g e i k Information Act;

h r i s h [(8)] (9) the State Ethics Commission Act;

and , t, e u g [(9)] (10) Article 9, Section 14 of the e b l e e h constitution of New Mexico.

n d d i = = o h l ] b ,d B.

All complaints filed with a public agency i a º e r i = r regarding the statutes listed in Subsection A of this section t e w d m a n o shall be forwarded to the commission.

dC. m :

b e d s º o t n = .220093.2AIC March 3, 2021 (9:04am) s k m e - 4 - e a n e d r e l u [ A d SJC/SB 75 C.

If the commission decides not to act on a complaint, whether the complaint was filed with the commission or forwarded from another public agency, or decides only to act on part of a complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that has appropriate jurisdiction within ten days of SJC/SB 75 Page 4 the decision.

The complainant and respondent shall be notified in writing when the complainant's request has been forwarded to another agency unless otherwise provided pursuant to Subsection H of Section [10 of the State Ethics Commission Act] 10-16G-10 NMSA 1978.

Such shared jurisdiction shall be h g formalized through an agreement entered into by all o t hr participating agencies involved with the complaint and the g e i k director.

The commission may also investigate a complaint h r i s h referred to the commission by the legislature, or a legislative , t, e u g committee, in accordance with an agreement entered into e b l e e h pursuant to policies of the New Mexico legislative council or n d d i = = o h l ] b ,d rules of the house of representatives or senate.