SENATE BILL 145
54th legislature - STATE OF NEW MEXICO - second session, 2020
RELATING TO PUBLIC DOCUMENTS; REQUIRING THE PUBLICATION ON THE SUNSHINE PORTAL OF AGREEMENTS TO COMPROMISE, ADJUST, SETTLE OR PAY A CLAIM FOR DAMAGES OR OTHER RELIEF AGAINST ANY GOVERNMENTAL ENTITY OR PUBLIC OFFICER OR EMPLOYEE; ELIMINATING AN EXCEPTION TO PUBLIC INSPECTION FOR RECORDS PERTAINING TO INSURANCE COVERAGE CREATED OR MAINTAINED BY THE RISK MANAGEMENT DIVISION OF THE GENERAL SERVICES DEPARTMENT; CLARIFYING THE AUTHORITY OF THE LEGISLATURE TO OBTAIN RECORDS PERTAINING TO CERTAIN CLAIMS AGAINST GOVERNMENTAL ENTITIES, PUBLIC OFFICERS OR PUBLIC EMPLOYEES; REMOVING THE ONE-HUNDRED-EIGHTY-DAY DELAY IN RELEASING PUBLIC RECORDS PERTAINING TO CLAIMS AGAINST GOVERNMENTAL ENTITIES, PUBLIC OFFICERS OR PUBLIC EMPLOYEES AFTER THE OCCURRENCE OF CERTAIN EVENTS; CHANGING AND REMOVING THE EVENTS THAT TRIGGER RELEASE OF PUBLIC RECORDS PERTAINING TO CERTAIN CLAIMS AGAINST GOVERNMENTAL ENTITIES, PUBLIC OFFICERS OR PUBLIC EMPLOYEES; ELIMINATING CRIMINAL PENALTIES FOR REVEALING CONFIDENTIAL RECORDS PERTAINING TO CERTAIN CLAIMS AGAINST GOVERNMENTAL ENTITIES, PUBLIC OFFICERS OR PUBLIC EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-16D-3 NMSA 1978 (being Laws 2010, Chapter 34, Section 3, as amended) is amended to read:
"10-16D-3. SUNSHINE PORTAL--DEPARTMENT DUTIES.--
A. The department, with the department of finance and administration, shall develop, operate and maintain a single internet [web site] website that is free, user-friendly, searchable and accessible to the public, known as the "sunshine portal", to host the state's financial information for the purpose of governmental transparency and accountability to taxpayers.
B. No later than October 1, 2010, the department shall create the architecture and the information exchange process for the collection and electronic publication of the state's financial information.
C. No later than July 1, 2011, the sunshine portal shall be available for public access and include updated information as required by Subsection D of this section.
D. The sunshine portal shall provide, at a minimum, access to the following information:
(1) the state's cash balances by account or fund;
(2) a monthly summary of the state's investment accounts;
(3) annual operating budgets for each state agency with monthly expenditures by category;
(4) contracts that a state agency enters into for the lease, sale or development of state land and state contracts that have a total contract price of more than twenty thousand dollars ($20,000), naming the recipient of the contract, the purpose of the contract and the amounts expended. No later than January 1, 2017, the information provided shall also include:
(a) the name of the recipient of the contract;
(b) the purpose of the contract;
(c) the amounts expended on the contract;
(d) a copy of or an internet [web site] website link to a copy of the contract document, including amendments; and
(e) a copy of or an internet [web site] website link to a copy of a resident certificate issued pursuant to Section 13-1-22 NMSA 1978 and used in the award of a contract;
(5) the revenue that the state received in the preceding month by source, such as type of tax, fee, fine, administrative fee or other collection category;
(6) special appropriations received outside the general appropriation act by each state agency and the purpose of those appropriations;
(7) approved budget adjustment requests by state agency and affected budget category;
(8) quarterly consensus revenue estimates;
(9) reversions and cash balances by state agency and fund;
(10) appropriations for capital projects, identified by project location, type of project and funding source;
(11) a directory of all employee positions, other than exempt employee positions, identified only by state agency, position title and salary;
(12) a directory of all exempt employee positions, identified by state agency, position title, salary and the name of the individual that holds the position;
(13) information relating to local education providers compiled and published by the public education department pursuant to Section 10-16D-6 NMSA 1978;
(14) a link to an open meeting tracker [web site] website upon which each state agency shall post open meetings scheduled for the current month and the next month, including the time and place of the meeting, the subject of the meeting and an agenda;
(15) a link to the [web site] website maintained by the regulation and licensing department for the purpose of accessing information relating to occupational licenses;
(16) a link to the state auditor's [web site] website for the purpose of accessing financial audits;
(17) a link to New Mexico's statutes;
(18) a link to the New Mexico Administrative Code;
(19) a link to the secretary of state's [web sites] websites for lobbyist regulation;
(20) an annual summary within three months after the end of the fiscal year, or as soon thereafter as the information becomes available, of the state's fiscal health, including the state budget, revenues and expenditures for the previous fiscal year and projected revenues and operating budgets for the current fiscal year; [and]
(21) an agreement to compromise, adjust, settle or pay a claim for damages or other relief against any governmental entity or public officer or employee that is available for public inspection by New Mexico residents pursuant to Section 15-7-9 NMSA 1978; and
[(21)] (22) additional information, as required by rule of the department of finance and administration, that will assist the public in understanding state government operations and the use of taxpayer dollars.
E. State agencies shall provide updated financial information as frequently as possible but at least monthly.
F. The department shall update the [web site] website as new information is received but at least monthly, include information from the previous month or year, where relevant, for comparison purposes and maintain the [web site] website as the primary source of public information about the activity of the state government."
SECTION 2. Section 15-7-9 NMSA 1978 (being Laws 1981, Chapter 280, Section 1) is amended to read:
"15-7-9. CONFIDENTIALITY OF RECORDS [PENALTY].--
A. [The following] Records pertaining to claims for damages or other relief against any governmental entity, public officer or public employee created or maintained by the risk management division of the general services department are confidential and shall not be subject to any right of inspection by any person [not] except a state officer, [member] a body of the legislature or a state employee within the scope of [his] the officer's, body's or employee's official duties;
[(1) records pertaining to insurance coverage; provided any record of a particular coverage shall be available to any 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 such records shall be subject to public inspection by New Mexico citizens one hundred eighty days after the latest of the following dates:
(a) the date all statutes of limitation applicable to the claim have run] provided that the records shall be subject to public inspection on and after the earliest of:
[(b)] (1) the date [all litigation involving the claim and the occurrence giving rise thereto has been brought to] a final judgment is issued resolving the claim 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]
(2) the date final payment is issued pursuant to a judicial monetary award rendered by the court; or
(3) the date a settlement agreement is signed by all of the parties.
B. Records protected pursuant to Subsection A of this section shall be made available as necessary for purposes of audit or defense. Any person performing such audit or providing such defense shall keep such records confidential, except as required otherwise by law.
[C. Any person who reveals 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 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
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