NATIVE AMERICAN OMBUD ACT

SB0219

SENATE BILL 219

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Shannon D. Pinto

AN ACT

RELATING TO NATIVE AMERICANS; ENACTING THE NATIVE AMERICAN
OMBUD ACT; ESTABLISHING THE OFFICE OF THE NATIVE AMERICAN
OMBUD; PROVIDING DUTIES; REQUIRING INVESTIGATION AND RESOLUTION
OF CONCERNS; PROVIDING FOR THE CONFIDENTIALITY OF RECORDS;
PROVIDING POTENTIAL ACTIONS FOR NONCOMPLIANCE; REQUIRING AN
ANNUAL REPORT; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] SHORT TITLE.--This act may be
cited as the "Native American Ombud Act".

SECTION 2.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Native American Ombud Act:

A. "department" means the department of justice;

B. "Native American" means:

(1) an individual who is a member of any
federally recognized Indian nation, tribe or pueblo or who is
an Alaska native; or

(2) an individual who has been deemed eligible
for services and programs provided to Native Americans by the
United States public health service or the United States
department of the interior bureau of Indian affairs;

C. "Native American ombud" means the individual
appointed by the attorney general pursuant to the Native
American Ombud Act; and

D. "office" means the office of the Native American
ombud.

SECTION 3.
[
NEW MATERIAL
] CREATION OF THE OFFICE OF THE
NATIVE AMERICAN OMBUD--GENERAL DUTIES OF THE OFFICE.--

A. The "office of the Native American ombud" is
created within the department.

B. The attorney general shall appoint the "Native
American ombud", who shall head the office and supervise the
ombuds and other staff of the office. The Native American
ombud may contract for services to assist the office in
conducting its duties and may use the services of volunteers.

C. The Native American ombud shall:

(1) identify, investigate and resolve concerns
pertaining to Native Americans that are filed with the office;

(2) ensure that Native Americans have regular
and timely access to the services provided through the office
and receive timely responses from representatives of the
office;

(3) identify any patterns of concerns that
emerge regarding governmental services provided to Native
Americans, including civil and criminal legal advice and
representation, and recommend strategies for improvement in
providing such services to Native Americans;

(4) ensure that office staff, contractors and
volunteers are trained in:

(a) federal, state and local laws, rules
and policies with respect to Native Americans;

(b) investigative techniques;

(c) dispute resolution; and

(d) such other matters as the office
deems appropriate;

(5) develop procedures for the certification
of ombuds; provided that an employee or contractor shall not
investigate a concern filed with the office unless that person
is certified by the office;

(6) analyze, comment on and monitor the
development and implementation of federal and state laws, rules
and other governmental policies and actions that pertain to
Native Americans;

(7) recommend changes to laws, rules, policies
and actions pertaining to the rights of Native Americans as the
office determines to be appropriate;

(8) facilitate public comment on proposed
laws, rules, policies and actions; and

(9) provide information to public and private
agencies, legislators and other persons regarding the problems
and concerns of services available to Native Americans and make
recommendations related to those problems and concerns.

SECTION 4.
[
NEW MATERIAL
] ANNUAL REPORT--CONTENTS.--No
later than December 1 of each year, the office shall prepare a
report that includes:

A. actions taken by the office in the year for
which the report is prepared;

B. concerns identified by or on behalf of Native
Americans, resolution of the concerns and the effectiveness of
the resolution processes;

C. recommendations for improving the quality of
services provided to Native Americans and protecting the rights
of Native Americans; and

D. policy, regulatory and legislative
recommendations to solve identified concerns related to Native
Americans, to improve processes of resolutions of concerns, to
improve the quality of services provided to Native Americans,
to protect the rights of Native Americans and to remove
barriers to services intended for Native Americans.

SECTION 5.
[
NEW MATERIAL
] INVESTIGATION AND RESOLUTION OF
NATIVE AMERICAN CONCERNS.--The office shall identify,
investigate and seek to resolve concerns communicated by or on
behalf of Native Americans. If the office does not address a
concern, the office shall notify the concerned person of the
decision not to address the concern and the reasons for the
decision.

SECTION 6.
[
NEW MATERIAL
] CONFIDENTIALITY OF
INFORMATION.--

A. All files and records maintained by the office
that pertain to Native Americans are confidential and not
subject to the provisions of the Inspection of Public Records
Act. The Native American ombud shall not disclose the identity
of a concerned person about whom the office maintains files or
records unless:

(1) the concerned person consents in writing
to the disclosure;

(2) the concerned person gives oral consent
that is documented immediately in writing by a representative
of the office; or

(3) disclosure is ordered by a court.

B. The annual report required pursuant to Section 4
of the Native American Ombud Act may be based on confidential
information and may be published or furnished to the public,
but the report shall not identify individual Native Americans
directly or indirectly nor violate the privileged or
confidential nature of the relationship and communications
between the Native American and the office.

SECTION 7.
[
NEW MATERIAL
] POSTING AND DISTRIBUTION OF
OMBUD INFORMATION.--Every person providing services to Native
Americans shall post in a conspicuous location a notice
regarding the office that contains a brief description of the
services provided by the office and the name, address and phone
number of the office and shall post it online on the person's
website, if applicable. The form of the notice shall be
approved by the office.

SECTION 8.
[
NEW MATERIAL
] AVAILABILITY OF LEGAL COUNSEL
TO THE OFFICE.--The department shall ensure that adequate legal
counsel is available and is able, without conflict of interest,
to:

A. provide advice and consultation to the office
needed to protect the rights of Native Americans; and

B. assist the office and contractors in the
performance of the official duties of the Native American ombud
and representatives.

SECTION 9.
[
NEW MATERIAL
] INTERFERENCE WITH THE OFFICE
AND RETALIATION PROHIBITED--POTENTIAL ACTIONS FOR
NONCOMPLIANCE.--

A. A person shall not willfully interfere with the
lawful actions of the office.

B. A person shall not institute discriminatory,
disciplinary or retaliatory action against any Native American
for filing a concern with, providing information to or
otherwise cooperating with the office.

C. If a person fails to comply with the provisions
of the Native American Ombud Act:

(1) the office shall report the noncompliance
to the department;

(2) the office shall collaborate with the
department to access processes and resources to address Native
American services concerns; and

(3) the office shall collaborate with the
department to identify further appropriate actions to be taken
in response to the report, which may include a corrective
action plan or any other administrative action that the
department is authorized to take to ensure that Native
Americans receive the appropriate services required by state
law. The office shall provide a letter to the concerned person
explaining the actions the department will take.

SECTION 10.
APPROPRIATION.--Two million dollars
($2,000,000) is appropriated from the general fund to the
department of justice for expenditure in fiscal years 2026 and
2027 for expenses to be incurred in establishing the office of
the Native American ombud. Any unexpended balance remaining at
the end of fiscal year 2027 shall revert to the general fund.

SECTION 11.
EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.

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