HOUSE BILL 108
54th legislature - STATE OF NEW MEXICO - second session, 2020
Miguel P. Garcia
RELATING TO GOVERNMENTAL CONDUCT; PROHIBITING DISCLOSURE OF SENSITIVE PERSONAL INFORMATION BY STATE AGENCY EMPLOYEES; PROVIDING EXCEPTIONS; PROHIBITING DISCLOSURE OF MOTOR VEHICLE RECORDS.
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--EXCEPTIONS.--
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;
(7) made to or by a court in the course of a judicial proceeding or made in a court record;
(8) made to a state contractor that needs the sensitive personal information to perform its obligations under the contract and has agreed in writing to be bound by the same restrictions on disclosure that are imposed on state employees by this section;
(9) made pursuant to the Whistleblower Protection Act; or
(10) 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 or as a crime victim;
(2) sexual orientation, gender identity, physical or mental disability, immigration status, national origin or religion; and
(3) social security number or individual tax identification number."
SECTION 2. Section 66-2-7.1 NMSA 1978 (being Laws 1995, Chapter 135, Section 4, as amended by Laws 2007, Chapter 323, Section 31 and by Laws 2007, Chapter 324, Section 1) is amended to read:
"66-2-7.1. MOTOR VEHICLE-RELATED RECORDS--CONFIDENTIAL.--
A. It is unlawful for any department or bureau employee or contractor or for any former department or bureau employee or contractor to disclose to any person other than another employee of the department or bureau any personal information about an individual obtained by the department or bureau in connection with a driver's license or permit, the titling or registration of a vehicle, the administration of the Ignition Interlock Licensing Act and the interlock device fund or an identification card issued by the department pursuant to the Motor Vehicle Code except:
(1) to the individual or the individual's authorized representative;
[(2) for use by any governmental agency, including any court, in carrying out its functions or by any private person acting on behalf of the government;
(3) for use in connection with matters of motor vehicle and driver safety or theft; motor vehicle emissions; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research]
(2) to a law enforcement agency when the personal information is shown to be needed to pursue a criminal investigation;
(3) to a governmental agency other than a law enforcement agency when the personal information is shown to be needed by the agency in carrying out its functions;
(4) to a court in response to a subpoena;
(5) to a motor vehicle manufacturer in connection with motor vehicle production alterations, recalls or advisories [and] or removal of non-owner records from original owner records; [of motor vehicle manufacturers;
(4) for use in] (6) to a college or university for research activities [and for use in] or for producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals;
[(5) for use by any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors]
(7) to an insurer in connection with claims investigation activities, antifraud activities, rating or underwriting;
[(6)] (8) to a towing company for providing notice to owners of towed or impounded vehicles;
[(7) for use by an employer or its agent or insurer]
(9) to an employer for use in obtaining or verifying information relating to [a holder of a] an employee's commercial driver's license;
[(8) for use by] (10) to any requester if the requester demonstrates that it has obtained the written consent of the individual to whom the information pertains;
[(9) for use by] (11) to an insured state-chartered or federally chartered credit union; an insured state or national bank; an insured state or federal savings and loan association; or an insured savings bank, but only:
(a) to verify the accuracy of personal information submitted by an individual to the credit union, bank, savings and loan association or savings bank; and
(b) if the information as submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest from the individual;
[(10) for providing organ donor information]
(12) to a person eligible to receive an anatomical gift as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act or Section 66-5-10 NMSA 1978; or
[(11) for providing the names and addresses of all lienholders and owners of record of abandoned vehicles to storage facilities or wrecker yards]
(13) to a person upon whose property or in whose possession is found an abandoned vehicle for the purpose of providing notice as required in Section 66-3-121 NMSA 1978.
B. A request to the department to disclose personal information about an individual of the kind described in Subsection A of this section shall be submitted in writing to the secretary or the secretary's designee and shall state with particularity the reasons that the information is needed by the person making the request. The secretary or the secretary's designee shall make a determination in writing whether the information shall be disclosed. No personal information shall be disclosed by a department employee or contractor in the absence of such a written determination by the secretary or the secretary's designee.
[B.] C. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
D. As used in this section:
(1) "governmental agency" means any agency of a city, county, state or territory of the United States or of the District of Columbia and any agency of the federal government; and
(2) "law enforcement agency" means any police department of a city, county, state or territory of the United States or of the District of Columbia and any agency of the federal government whose duties include the enforcement of federal criminal laws."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
- 7 -