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HOUSE BILL 429
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Micaela Lara Cadena
AN ACT
RELATING TO PUBLIC RECORDS; REQUIRING DISCLOSURE OF THE NAMES
OF FINALISTS FOR APPOINTIVE EXECUTIVE POSITIONS; PROVIDING FOR
THE COLLECTION OF CERTAIN DEMOGRAPHIC DATA FOR APPLICANTS AND
CANDIDATES FOR APPOINTIVE EXECUTIVE POSITIONS; PROVIDING AN
EXEMPTION TO THE INSPECTION OF PUBLIC RECORDS ACT; REPEALING
SECTION 21-1-16.1 NMSA 1978 (BEING LAWS 2011, CHAPTER 134,
SECTION 23).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] APPOINTIVE EXECUTIVE POSITION--
EXCEPTION--PUBLICATION REQUIRED OF FINALISTS.--
A. A state agency or institution or political
subdivision of the state shall make publicly available on the
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agency's, institution's or political subdivision's website the
names and resumes of no fewer than three finalists for an
appointive executive position. The names and resumes shall be
made publicly available no fewer than ten days prior to the
final decision to select one of the finalists for the position.
If fewer than three applicants or candidates for an appointive
executive position possess the minimum qualifications for the
position, those applicants or candidates shall be considered
finalists.
B. A state agency or institution or political
subdivision of the state shall establish and maintain a process
for collecting demographic data from applicants and candidates
for appointive executive positions on a voluntary and anonymous
basis. The data collected shall include the applicant's or
candidate's self-reported sex, gender identity, sexual
orientation, race, ethnicity and primary and other languages
spoken. The individual-level data collected shall be
maintained as confidential and shall not be disclosed to any
person involved in, or who may affect, the selection,
appointment or hiring process. When the finalists for the
appointive executive position are announced, the state agency
or institution or political subdivision of the state shall make
publicly available the demographic data collected; provided
that the data shall be aggregated and shall not contain
personally identifiable information.
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C. Records that would reveal the identity of an
applicant or candidate for an appointive executive position,
except for finalists as provided in this section, are exempt
from inspection pursuant to the Inspection of Public Records
Act.
D. Letters of reference or medical or psychological
data concerning finalists shall not be made public or made
available for public inspection or copying.
E. For the purposes of this section:
(1) "appointive executive position" means a
non-elected chief executive officer of a state agency or
institution or political subdivision of the state, but does not
include a political appointment, including a cabinet secretary;
and
(2) "finalist" means an applicant or candidate
for an appointive executive position who is a member of the
final group of applicants or candidates."
SECTION 2. REPEAL.--Section 21-1-16.1 NMSA 1978 (being
Laws 2011, Chapter 134, Section 23) is repealed.
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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