HOUSE BILL 614

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

INTRODUCED BY

Raymundo Lara

 

 

 

 

 

AN ACT

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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