HOUSE BILL 614
54th legislature - STATE OF NEW MEXICO - first session, 2019
RELATING TO PUBLIC RECORDS; EXEMPTING CERTAIN RECORDS OF THE PUBLIC SCHOOL INSURANCE AUTHORITY FROM THE INSPECTION OF PUBLIC RECORDS ACT; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Insurance Authority Act is enacted to read:
"[NEW MATERIAL] RECORDS EXEMPT FROM INSPECTION--EXCEPTIONS--PENALTY FOR DISCLOSING CONFIDENTIAL INFORMATION.--
A. The following records created or maintained by the authority are confidential and shall not be subject to any right of inspection by any person not a state officer, member of the legislature or state employee within the scope of official duties:
(1) records pertaining to insurance coverage; provided that any record of a particular coverage shall be available to a public officer, public employee or governmental entity insured under such coverage; and
(2) records pertaining to claims for damages or other relief against any governmental entity or public officer or employee; provided that such records shall be subject to public inspection by New Mexico residents one hundred eighty days after the latest of the following dates:
(a) the date all statutes of limitation applicable to the claim have run;
(b) the date all litigation involving the claim and the occurrence giving rise thereto has been brought to final judgment and all appeals and rights to appeal have been exhausted;
(c) the date the claim is fully and finally settled; or
(d) the date the claim has been placed on closed status.
B. Records protected pursuant to Subsection A of this section shall be made available as necessary for purposes of audit or defense. A person performing such audit or providing such defense shall keep such records confidential, except as required otherwise by law.
C. A person who discloses 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."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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