Summary:

 House Bill 429 (HB 429):  The act proposes to amend New Mexico’s Inspection of Public Records Act (IPRA) by introducing new requirements about public disclosure of finalists for certain executive positions, as well as certain demographic data collection and publication processes. 

Legislation Overview:

 House Bill 429 (HB 429):  If enacted, this legislation would standardize the process of disclosing finalists for certain executive roles.  This proposal is designed to strike a balance between government transparency, privacy for non-finalists, and equal opportunity efforts (through demographic tracking).
Disclosure of Finalists (Section 1(A)):
a.	A New Mexico “state agency or institution or political subdivision of the state” must publicly post the names and résumés of at least three finalists for a non-elected chief executive officer position (“appointive executive position”).
b.	This public notice must happen at least ten days (10) before making the final hiring decision.
c.	If fewer than three applicants meet the minimum qualifications, all qualified applicants are considered finalists (and thus have their identities disclosed).
Demographic Data Collection (Section 1(B)):
a.	Agencies must establish a process to collect voluntary and anonymous demographic data from applicants (including sex, gender identity, sexual orientation, race, ethnicity, and spoken languages).
b.	Individual-level data must remain confidential and be unavailable to anyone involved in the hiring process.
c.	At the time finalists are announced, the agency must publish aggregated demographic data (i.e., data without personally identifying information).
Exemption for Non-Finalists (Section 1(C)):
a.	Any record that could identify an applicant or candidate who is not a finalist is exempt from public inspection under IPRA.
b.	Letters of Reference and Medical/Psychological Records (Section 1(D)):
c.	For finalists, letters of reference and any medical or psychological data are explicitly exempt from public disclosure.
Definitions (Section 1(E)):
a.	An “appointive executive position” refers to a non-elected chief executive officer of a state or local government entity. It does not include political appointees (e.g., cabinet secretaries).
b.	A “finalist” is an applicant or candidate in the final group of consideration for the position.
Repeal of Existing Statute (Section 2):
a.	The bill repeals Section 21-1-16.1 NMSA 1978 (Laws 2011, Chapter 134, Section 23). That earlier statute addressed a narrower set of disclosure requirements primarily related to higher education executive searches (e.g., presidents of public universities).
Effective Date (Section 3):  The Act would take effect on July 1, 2025.
By repealing Section 21-1-16.1 NMSA 1978, the law removes older, more narrowly focused requirements for revealing finalists (often related to higher education).  The new provisions set a uniform statewide standard across various governmental entities. 

Current Law:

 House Bill 429 (HB 429):  The proposed legislation is new material and repeals Section 21-1-16.

By repealing Section 21-1-16.1 NMSA 1978, the law removes older, more narrowly focused requirements for revealing finalists (often related to higher education).