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SENATE BILL 124
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Katy M. Duhigg
AN ACT
RELATING TO THE OFFICE OF SUPERINTENDENT OF INSURANCE;
PROVIDING THE POWER TO ISSUE A CIVIL INVESTIGATIVE SUBPOENA TO
THE SUPERINTENDENT OF INSURANCE; PROVIDING PROCEDURES TO COMPEL
COMPLIANCE WITH SUCH A SUBPOENA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 59A-2-8 NMSA 1978 (being Laws 1984,
Chapter 127, Section 26, as amended) is amended to read:
"59A-2-8. GENERAL POWERS AND DUTIES OF SUPERINTENDENT.--
A. The superintendent shall:
(1) organize and manage the office of
superintendent of insurance and direct and supervise all its
activities;
(2) execute the duties imposed upon the
superintendent by the Insurance Code;
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(3) enforce those provisions of the Insurance
Code that are administered by the superintendent;
(4) have the powers and authority expressly
conferred by or reasonably implied from the provisions of the
Insurance Code;
(5) conduct such examinations and
investigations of insurance matters, in addition to those
expressly authorized, as the superintendent may deem proper
upon reasonable and probable cause to determine whether a
person has violated a provision of the Insurance Code or to
secure information useful in the lawful enforcement or
administration of the provision; provided that:
(a) when examining or investigating such
insurance matters, the superintendent may issue a civil
investigative subpoena prior to the issuance of a notice of
contemplated action; and provided further that the authority to
issue a specific civil investigative subpoena pursuant to this
subparagraph may be delegated to staff; and
(b) upon failure of a person without
lawful excuse to obey a subpoena and upon reasonable notice to
all persons affected, the enforcing authority may apply to the
district court for an order compelling compliance;
(6) have the power to sue or be sued;
(7) have the power to make, enter into and
enforce all contracts, agreements and other instruments
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necessary, convenient or desirable in the exercise of the
superintendent's powers and functions and for the purposes of
the Insurance Code;
(8) prepare an annual budget for the office of
superintendent of insurance;
(9) have the right to require performance
bonds of employees as the superintendent deems necessary
pursuant to the Surety Bond Act. The office of superintendent
of insurance shall pay the cost of required bonds;
(10) comply with the provisions of the
Administrative Procedures Act;
(11) upon an order based upon the invocation
of a state of emergency under the All Hazard Emergency
Management Act or the Public Health Emergency Response Act by
the governor, take those actions necessary to ensure access to
insurance and the stability of insurance markets during the
emergency. Such actions may include issuing emergency rules or
orders to address any or all of the following matters related
to insurance policies issued in New Mexico:
(a) grace periods for payment of
insurance premiums and performance of other duties by insureds;
(b) refund of premiums;
(c) waiver of cost sharing or
deductibles;
(d) temporary postponement of
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cancellations and nonrenewals;
(e) reporting requirements for claims;
and
(f) suspension of compliance with a
statute, rule or contract, if strict compliance would prevent,
hinder or delay necessary action in response to the emergency;
and
(12) have such additional powers and duties as
may be provided by other laws of this state.
B. If a state of emergency under the All Hazard
Emergency Management Act or the Public Health Emergency
Response Act is invoked by the governor, and the superintendent
issues emergency rules or orders to address matters related to
insurance policies issued in New Mexico, each emergency rule or
order:
(1) shall specify, by line of insurance:
(a) the geographic area in which the
order applies; and
(b) the dates on which the order becomes
effective and terminates; and
(2) shall not:
(a) apply retroactively;
(b) apply outside the geographic area
designated in the governor's order; or
(c) extend beyond the end date of the
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governor's order."
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