NM
New Mexico Senate Bill SB36

New Mexico 2025 Regular Session

New Mexico Senate Bill SB36 Compare Versions

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1-SB 36
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28+SENATE BILL 36
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Antoinette Sedillo Lopez
2848 AN ACT
2949 RELATING TO GOVERNMENTAL CONDUCT; PROHIBITING DISCLOSURE OF
3050 SENSITIVE PERSONAL INFORMATION BY STATE AGENCY EMPLOYEES;
3151 PROVIDING EXCEPTIONS; AMENDING THE MOTOR VEHICLE CODE;
3252 PRESCRIBING PENALTIES.
3353 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3454 SECTION 1. A new section of Chapter 10 NMSA 1978 is
3555 enacted to read:
36-"SHORT TITLE.--Sections 1 through 4 of this act may be
37-cited as the "Nondisclosure of Sensitive Personal Information
38-Act"."
56+"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 4 of this
57+act may be cited as the "Nondisclosure of Sensitive Personal
58+Information Act"."
3959 SECTION 2. A new section of Chapter 10 NMSA 1978 is
4060 enacted to read:
41-"DEFINITIONS.--As used in the Nondisclosure of Sensitive
42-Personal Information Act:
43-A. "sensitive personal information" means an
44-individual's:
45-(1) status as a recipient of public
46-assistance or as a crime victim;
47-(2) sexual orientation, gender identity,
48-physical or mental disability, medical condition, immigration
49-status, national origin or religion; and
50-(3) social security number; and
51-B. "social security number" includes an individual SB 36
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61+"[NEW MATERIAL] DEFINITIONS.--As used in the Nondisclosure
62+of Sensitive Personal Information Act:
63+.229165.5 underscored material = new
64+[bracketed material] = delete
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90+A. "sensitive personal information" means an
91+individual's:
92+(1) status as a recipient of public assistance
93+or as a crime victim;
94+(2) sexual orientation, gender identity,
95+physical or mental disability, medical condition, immigration
96+status, national origin or religion; and
97+(3) social security number; and
98+B. "social security number" includes an individual
7899 tax identification number."
79100 SECTION 3. A new section of Chapter 10 NMSA 1978 is
80101 enacted to read:
81-"SENSITIVE PERSONAL INFORMATION--EXCEPTIONS.--A state
82-agency employee shall not intentionally disclose sensitive
83-personal information acquired by virtue of the employee's
84-position with a state agency to anyone outside the state
85-agency except when such disclosure is:
102+"[NEW MATERIAL] SENSITIVE PERSONAL INFORMATION--
103+EXCEPTIONS.--A state agency employee shall not intentionally
104+disclose sensitive personal information acquired by virtue of
105+the employee's position with a state agency to anyone outside
106+the state agency except when such disclosure is:
86107 A. necessary to carry out a function of the state
87108 agency;
88109 B. necessary to comply with an order or subpoena
89110 issued by a court of this state or a United States district
90111 court;
91112 C. required by the Inspection of Public Records
92113 Act;
93114 D. required by federal statute;
94-E. made to or by a court or administrative
95-tribunal in the course of a judicial or administrative
96-proceeding or made in a court or administrative tribunal
97-record;
98-F. made to a state contractor that needs the
99-sensitive personal information to perform the contractor's
100-obligations under the contract and has agreed in writing to
101-be bound by the same restrictions on disclosure that are
102-imposed on state employees by this section; SB 36
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143+E. made to or by a court in the course of a
144+judicial proceeding or made in a court record;
145+F. made to a state contractor that needs the
146+sensitive personal information to perform the contractor's
147+obligations under the contract and has agreed in writing to be
148+bound by the same restrictions on disclosure that are imposed
149+on state employees by this section;
129150 G. made pursuant to the Whistleblower Protection
130151 Act;
131152 H. expressly permitted by the federal Health
132153 Insurance Portability and Accountability Act of 1996 and
133154 associated regulations; or
134155 I. made with the written consent of the person
135156 whose information would be disclosed."
136157 SECTION 4. A new section of Chapter 10 NMSA 1978 is
137158 enacted to read:
138-"ENFORCEMENT--PENALTIES.--The attorney general, a
139-district attorney and the state ethics commission may
140-institute a civil action in district court if a violation has
141-occurred or to prevent a violation of the Nondisclosure of
142-Sensitive Personal Information Act. Penalties for a
143-violation of that act shall be a civil penalty of two hundred
144-fifty dollars ($250) for each violation, but not to exceed
145-five thousand dollars ($5,000)."
159+"[NEW MATERIAL] ENFORCEMENT--PENALTIES.--The attorney
160+general, a district attorney and the state ethics commission
161+may institute a civil action in district court if a violation
162+has occurred or to prevent a violation of the Nondisclosure of
163+Sensitive Personal Information Act. Penalties for a violation
164+of that act shall be a civil penalty of two hundred fifty
165+dollars ($250) for each violation, but not to exceed five
166+thousand dollars ($5,000)."
146167 SECTION 5. Section 66-2-7.1 NMSA 1978 (being Laws 1995,
147-Chapter 135, Section 4, as amended by Laws 2007, Chapter 323,
148-Section 31 and by Laws 2007, Chapter 324, Section 1) is
149-amended to read:
150-"66-2-7.1. MOTOR VEHICLE-RELATED RECORDS--
151-CONFIDENTIAL.--
152-A. It is unlawful for any department or bureau
153-employee or contractor or for any former department or bureau SB 36
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196+Chapter 135, Section 4, as amended by Laws 2007, Chapter 323,
197+Section 31 and by Laws 2007, Chapter 324, Section 1) is amended
198+to read:
199+"66-2-7.1. MOTOR VEHICLE-RELATED RECORDS--CONFIDENTIAL.--
200+A. It is unlawful for any department or bureau
201+employee or contractor or for any former department or bureau
180202 employee or contractor to disclose to any person other than
181203 another employee of the department or bureau any personal
182204 information about an individual obtained by the department or
183205 bureau in connection with a driver's license or permit, the
184-titling or registration of a vehicle, the administration of
185-the Ignition Interlock Licensing Act and the interlock device
186-fund or an identification card issued by the department
187-pursuant to the Motor Vehicle Code except:
206+titling or registration of a vehicle, the administration of the
207+Ignition Interlock Licensing Act and the interlock device fund
208+or an identification card issued by the department pursuant to
209+the Motor Vehicle Code except:
188210 (1) to the individual or the individual's
189211 authorized representative;
190212 (2) for use by any governmental agency,
191213 including any court, in carrying out its functions or by any
192214 private person acting on behalf of the government;
193215 (3) for use in connection with matters of
194216 motor vehicle and driver safety or theft; motor vehicle
195217 emissions; performance monitoring of motor vehicles, motor
196218 vehicle parts and dealers; motor vehicle market research
197-activities, including survey research; motor vehicle
198-production alterations, recalls or advisories; and removal of
199-non-owner records from original owner records of motor
200-vehicle manufacturers;
201-(4) for use in research activities and for
202-use in producing statistical reports, so long as the personal
203-information is not published, redisclosed or used to contact
204-individuals; SB 36
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219+activities, including survey research; motor vehicle production
220+alterations, recalls or advisories; and removal of non-owner
221+.229165.5
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249+records from original owner records of motor vehicle
250+manufacturers;
251+(4) for use in research activities and for use
252+in producing statistical reports, so long as the personal
253+information is not published, redisclosed or used to contact
254+individuals;
231255 (5) for use by any insurer or insurance
232-support organization or by a self-insured entity or its
233-agents, employees or contractors in connection with claims
256+support organization or by a self-insured entity or its agents,
257+employees or contractors in connection with claims
234258 investigation activities, antifraud activities, rating or
235259 underwriting;
236-(6) for providing notice to owners of towed
237-or impounded vehicles;
260+(6) for providing notice to owners of towed or
261+impounded vehicles;
238262 (7) for use by an employer or its agent or
239263 insurer in obtaining or verifying information relating to a
240264 holder of a commercial driver's license;
241-(8) for use by any requester if the
242-requester demonstrates that it has obtained the written
243-consent of the individual to whom the information pertains;
265+(8) for use by any requester if the requester
266+demonstrates that it has obtained the written consent of the
267+individual to whom the information pertains;
244268 (9) for use by an insured state-chartered or
245-federally chartered credit union; an insured state or
246-national bank; an insured state or federal savings and loan
247-association; or an insured savings bank, but only:
269+federally chartered credit union; an insured state or national
270+bank; an insured state or federal savings and loan association;
271+or an insured savings bank, but only:
248272 (a) to verify the accuracy of personal
249273 information submitted by an individual to the credit union,
250-bank, savings and loan association or savings bank; and
251-(b) if the information as submitted is
252-not correct or is no longer correct, to obtain the correct
253-information, but only for the purpose of preventing fraud by
254-pursuing legal remedies against or recovering on a debt or
255-security interest from the individual; SB 36
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282-(10) for providing organ donor information
283-as provided in the Jonathan Spradling Revised Uniform
284-Anatomical Gift Act or Section 66-5-10 NMSA 1978; or
285-(11) for providing the names and addresses
286-of all lienholders and owners of record of abandoned vehicles
287-to storage facilities or wrecker yards for the purpose of
302+bank, savings and loan association or savings bank; and
303+(b) if the information as submitted is
304+not correct or is no longer correct, to obtain the correct
305+information, but only for the purpose of preventing fraud by
306+pursuing legal remedies against or recovering on a debt or
307+security interest from the individual;
308+(10) for providing organ donor information as
309+provided in the Jonathan Spradling Revised Uniform Anatomical
310+Gift Act or Section 66-5-10 NMSA 1978; or
311+(11) for providing the names and addresses of
312+all lienholders and owners of record of abandoned vehicles to
313+storage facilities or wrecker yards for the purpose of
288314 providing notice as required in Section 66-3-121 NMSA 1978.
289315 B. It is unlawful for a department or bureau
290316 employee or contractor or for a former department or bureau
291-employee or contractor to disclose to a federal, state or
292-local governmental agency or nongovernmental entity for
293-purposes of enforcing the federal Immigration and Nationality
294-Act, except felony criminal provisions of that act, any
295-personal information about an individual obtained by the
296-department or bureau in connection with a driver's license or
297-permit, the titling or registration of a vehicle, the
298-administration of the Ignition Interlock Licensing Act and
299-the interlock device fund or an identification card issued by
300-the department pursuant to the Motor Vehicle Code.
317+employee or contractor to disclose to a federal, state or local
318+governmental agency or nongovernmental entity for purposes of
319+enforcing federal immigration laws any personal information
320+about an individual obtained by the department or bureau in
321+connection with a driver's license or permit, the titling or
322+registration of a vehicle, the administration of the Ignition
323+Interlock Licensing Act and the interlock device fund or an
324+identification card issued by the department pursuant to the
325+Motor Vehicle Code.
301326 C. Whenever the department or the division enters
302-into a contract with a nongovernmental entity for the
303-disclosure of personal information pursuant to Subsection A
304-of this section, the department or the division shall require
305-that a nongovernmental entity that receives or has access to
306-records or information from the department or division, SB 36
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333-including through a database or automated network, shall
334-certify in writing to the department or division, before
335-receipt of or access to the information, and as a condition
336-of renewal of any agreement for such receipt or access, that
337-the entity shall not use or disclose the records or
338-information for the purpose of enforcing the federal
339-Immigration and Nationality Act, except felony criminal
340-provisions of that act. If the director of the motor vehicle
341-division of the department determines a nongovernmental
342-entity has used or disclosed records or information for the
343-purpose of enforcing the federal Immigration and Nationality
344-Act other than felony criminal provisions of that act, the
345-director may revoke the nongovernmental entity's access to
346-personal information pursuant to Subsection A of this
347-section.
348-D. Any person who violates the provisions of this
349-section is guilty of a misdemeanor and upon conviction shall
350-be sentenced in accordance with the provisions of Section
355+into a contract with a nongovernmental entity for the
356+disclosure of personal information pursuant to Subsection A of
357+this section, the department or the division shall require that
358+a nongovernmental entity that receives or has access to records
359+or information from the department or division, including
360+through a database or automated network, shall certify in
361+writing to the department or division, before receipt of or
362+access to the information, and as a condition of renewal of any
363+agreement for such receipt or access, that the entity shall not
364+use or disclose the records or information for the purpose of
365+enforcing federal immigration law.
366+[B.] D. Any person who violates the provisions of
367+this section is guilty of a misdemeanor and upon conviction
368+shall be sentenced in accordance with the provisions of Section
351369 31-19-1 NMSA 1978."
352370 SECTION 6. EFFECTIVE DATE.--The effective date of the
353371 provisions of this act is July 1, 2025.
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