HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 141

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; PROHIBITING DISCLOSURE OF SENSITIVE PERSONAL INFORMATION BY STATE AGENCY EMPLOYEES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Governmental Conduct Act is enacted to read:

     "[NEW MATERIAL] SENSITIVE PERSONAL INFORMATION.--

          A. A state agency employee shall not disclose sensitive personal information acquired by virtue of the employee's position with a state agency to anyone outside the state agency except when such disclosure is:

                (1) necessary to carry out a function of the state agency;

                (2) necessary to comply with an order of a court of this state or of the United States;

                (3) required by a subpoena;

                (4) required by the Inspection of Public Records Act;

                (5) permitted by Section 66-2-7.1 NMSA 1978;

                (6) required by federal law; or

                (7) made with the written consent of the person whose information would be disclosed.

          B. As used in this section, "sensitive personal information" means a person's:

                (1) status as a recipient of public assistance;

                (2) status as a victim of a serious violent offense as defined in Section 33-2-34 NMSA 1978;

                (3) sexual orientation, gender identity, physical or mental disability, immigration status, national origin or religion; and

                (4) social security number or individual tax identification number."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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