NM
New Mexico Senate Bill SB220

New Mexico 2025 Regular Session

New Mexico Senate Bill SB220 Compare Versions

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1-SB 220
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28+SENATE BILL 220
29+57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30+INTRODUCED BY
31+Pat Woods and Gabriel Ramos
32+FOR THE LEGISLATIVE FINANCE COMMITTEE
2833 AN ACT
29-RELATING TO RISK MANAGEMENT; REQUIRING THE PUBLICATION OF
30-TERMS OF LEGAL SETTLEMENT AGREEMENTS; PROVIDING FOR LOSS
31-PREVENTION REVIEW TEAMS; REQUIRING REPORTS.
34+RELATING TO RISK MANAGEMENT; REQUIRING THE PUBLICATION OF TERMS
35+OF LEGAL SETTLEMENT AGREEMENTS; PROVIDING FOR LOSS PREVENTION
36+REVIEW TEAMS; REQUIRING REPORTS.
3237 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3338 SECTION 1. A new section of the Sunshine Portal
3439 Transparency Act is enacted to read:
35-"PUBLICATION OF LEGAL SETTLEMENT AGREEMENTS.--State
36-agencies or public schools that enter into an agreement to
37-settle a potential legal or other claim against that state
38-agency or public school with or without the assistance of the
39-risk management division of the general services department
40-or the public school insurance authority shall, within thirty
41-days of entering into a settlement agreement, provide the
42-terms of the settlement agreements for publication on the
43-sunshine portal, in a downloadable format, for free public
44-access."
45-SECTION 2. Section 15-7-1 NMSA 1978 (being Laws 1977,
46-Chapter 385, Section 4, as amended) is amended to read:
47-"15-7-1. DEFINITIONS.--As used in Chapter 15, Article 7
48-NMSA 1978:
49-A. "board" means the risk management advisory
50-board;
51-B. "director" means the director of the division; SB 220
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40+"[NEW MATERIAL] PUBLICATION OF LEGAL SETTLEMENT
41+AGREEMENTS.--State agencies that enter into an agreement to
42+settle a potential legal or other claim against a state agency
43+without the assistance of the risk management division of the
44+general services department shall, within thirty days of
45+entering into a settlement agreement, provide the terms of the
46+settlement agreements for publication on the sunshine portal,
47+in a downloadable format, for free public access."
48+.228970.3 underscored material = new
49+[bracketed material] = delete
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78-C. "division" means the risk management division
79-of the general services department;
80-D. "local public body" means all political
81-subdivisions of the state and their agencies,
82-instrumentalities and institutions;
83-E. "public employee" means any officer, employee
84-or servant of a governmental entity, including elected or
85-appointed officials, law enforcement officers and persons
86-acting on behalf or in service of a governmental entity in
87-any official capacity, whether with or without compensation,
88-but the term does not include an independent contractor; and
89-F. "state" or "state agency" means the state of
90-New Mexico or any of its branches, agencies, departments,
75+SECTION 2. Section 15-7-1 NMSA 1978 (being Laws 1977,
76+Chapter 385, Section 4, as amended) is amended to read:
77+"15-7-1. DEFINITIONS.--As used in Chapter 15, Article 7
78+NMSA 1978:
79+A. "board" means the risk management advisory
80+board;
81+B. "director" means the director of the [risk
82+management] division [of the general services department ];
83+C. "division" means the risk management division of
84+the general services department;
85+[C.] D. "local public body" means all political
86+subdivisions of the state and their agencies, instrumentalities
87+and institutions;
88+[D.] E. "public employee" means any officer,
89+employee or servant of a governmental entity, including elected
90+or appointed officials, law enforcement officers and persons
91+acting on behalf or in service of a governmental entity in any
92+official capacity, whether with or without compensation, but
93+the term does not include an independent contractor; and
94+[E.] F. "state" or "state agency" means the state
95+of New Mexico or any of its branches, agencies, departments,
9196 boards, instrumentalities or institutions, including regional
9297 housing authorities."
93-SECTION 3. A new section of Chapter 15, Article 7
94-NMSA 1978 is enacted to read:
95-"LOSS PREVENTION REVIEW TEAMS--MEMBERSHIP--DUTIES--
96-REPORTING.--
97-A. State agencies shall notify the division
98-immediately upon becoming aware of an individual's death or
99-serious injury or other substantial loss that is alleged or
100-suspected to be caused at least in part by the actions of a
101-state agency.
102-B. The director shall appoint a loss prevention SB 220
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98+SECTION 3. A new section of Chapter 15, Article 7 NMSA
99+1978 is enacted to read:
100+.228970.3
101+- 2 - underscored material = new
102+[bracketed material] = delete
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128+"[NEW MATERIAL] LOSS PREVENTION REVIEW TEAMS--MEMBERSHIP--
129+DUTIES--REPORTING.--
130+A. State agencies shall notify the division
131+immediately upon becoming aware of an individual's death or
132+serious injury or other substantial loss that is alleged or
133+suspected to be caused at least in part by the actions of a
134+state agency.
135+B. The director shall appoint a loss prevention
129136 review team when the occurrence of an individual's death or
130137 serious injury or other substantial loss is alleged or
131138 suspected to be caused at least in part by the actions of a
132139 state agency. The review team shall be appointed in
133140 conjunction with the defense counsel of the division within
134141 thirty days of the division becoming aware of such an
135142 occurrence.
136-C. A loss prevention review team shall be led by
137-an attorney appointed by the director and additional persons
143+C. A loss prevention review team shall be led by an
144+attorney appointed by the director and additional persons
138145 identified by the loss prevention review team lead, who may
139-include independent consultants, contractors, experts or
140-state employees, but shall not include a person directly
141-involved in the loss or risk of loss giving rise to a loss
142-prevention review or a person with testimonial knowledge of
143-the incident to be reviewed.
144-D. The loss prevention review team shall review
145-the death, serious injury or substantial loss and the
146-circumstances surrounding it, evaluate its causes and
147-recommend steps to reduce the risk of such incidents
148-occurring in the future. The review team shall accomplish
149-those tasks by reviewing relevant documents and interviewing
150-persons with relevant knowledge. After the final judgment
151-resolving any claims related to the loss and rights to appeal
152-have been exhausted or any settlement agreements have been
153-signed by the state and parties related to the loss, the SB 220
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146+include independent consultants, contractors, experts or state
147+employees, but shall not include a person directly involved in
148+the loss or risk of loss giving rise to a loss prevention
149+review or a person with testimonial knowledge of the incident
150+to be reviewed.
151+D. The loss prevention review team shall review the
152+death, serious injury or substantial loss and the circumstances
153+.228970.3
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180-review team shall submit a report in writing to the director
181-and the head of the state agency involved in the loss or risk
182-of loss. The report shall include the team's findings, an
183-analysis of the causes, contributing factors and future risk
184-and an exploration of methods that the state agency may use
185-to address and mitigate the risks identified, including
181+surrounding it, evaluate its causes and recommend steps to
182+reduce the risk of such incidents occurring in the future. The
183+review team shall accomplish those tasks by reviewing relevant
184+documents and interviewing persons with relevant knowledge.
185+After the final judgment resolving any claims related to the
186+loss and rights to appeal have been exhausted or any settlement
187+agreements have been signed by the state and parties related to
188+the loss, the review team shall submit a report in writing to
189+the director and the head of the state agency involved in the
190+loss or risk of loss. The report shall include the team's
191+findings, an analysis of the causes, contributing factors and
192+future risk and an exploration of methods that the state agency
193+may use to address and mitigate the risks identified, including
186194 changes to policies or procedures, any legislative
187195 recommendation necessary to address and carry out the risk
188-treatment strategies identified in the report and the manner
189-in which the agency will measure the effectiveness of its
190-changes. The report shall include a written response to the
191-findings, conclusions and recommendations from the head of
192-the state agency involved in the loss.
196+treatment strategies identified in the report and the manner in
197+which the agency will measure the effectiveness of its changes.
198+The report shall include a written response to the findings,
199+conclusions and recommendations from the head of the state
200+agency involved in the loss.
193201 E. A state agency shall provide loss prevention
194-review teams ready access to relevant documents in the
195-agency's possession and ready access to the agency's
196-employees. Any interviews, transcripts, reports,
197-recommendations, communications or other documents adduced or
198-created in connection with a loss review investigation shall
199-remain confidential until after final disposition of any
200-related claims pursuant to Section 15-7-9 NMSA 1978.
201-F. The director may promulgate rules to implement
202-the provisions of this section.
203-G. On or before October 1 of each year, the
204-director shall submit a report to the legislature identifying SB 220
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202+review teams ready access to relevant documents in the agency's
203+possession and ready access to the agency's employees. Any
204+interviews, transcripts, reports, recommendations,
205+communications or other documents adduced or created in
206+.228970.3
207+- 4 - underscored material = new
208+[bracketed material] = delete
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231-the loss prevention reviews conducted in the past fiscal
232-year, providing appropriate metrics on effectiveness and
233-efficiency of loss prevention review team programs and
234-summarizing any determinations of trends in incidents,
235-including reductions or increases in the frequency or
236-magnitude of losses and innovative approaches to mitigating
237-the risks identified.
234+connection with a loss review investigation shall remain
235+confidential until after final disposition of any related
236+claims pursuant to Section 15-7-9 NMSA 1978.
237+F. The director may promulgate rules to implement
238+the provisions of this section.
239+G. On or before October 1 of each year, the
240+director shall submit a report to the legislature identifying
241+the loss prevention reviews conducted in the past fiscal year,
242+providing appropriate metrics on effectiveness and efficiency
243+of loss prevention review team programs and summarizing any
244+determinations of trends in incidents, including reductions or
245+increases in the frequency or magnitude of losses and
246+innovative approaches to mitigating the risks identified.
238247 H. As used in this section:
239248 (1) "serious injury" means an injury that
240249 involves a substantial risk of death, protracted and obvious
241-disfigurement or protracted loss or impairment of the
242-function of a bodily member, organ or mental faculty; and
250+disfigurement or protracted loss or impairment of the function
251+of a bodily member, organ or mental faculty; and
243252 (2) "substantial loss" means a loss in a
244-possible amount greater than two hundred fifty thousand
245-dollars ($250,000) or a lesser amount as determined by the
246-director."
253+possible amount greater than two hundred fifty thousand dollars
254+($250,000) or a lesser amount as determined by the director."
247255 SECTION 4. EFFECTIVE DATE.--The effective date of the
248256 provisions of this act is July 1, 2025.
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