SENATE BILL 52

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Stephen H. Fischmann

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING FOR DELIVERY OF COPIES OF PUBLIC RECORDS IN ELECTRONIC FORMAT.

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

     SECTION 1. Section 14-2-9 NMSA 1978 (being Laws 1993, Chapter 258, Section 6) is amended to read:

     "14-2-9. PROCEDURE FOR INSPECTION.--

          A. Requested public records containing information that is exempt and nonexempt from disclosure shall be separated by the custodian prior to inspection, and the nonexempt information shall be made available for inspection. If necessary to preserve the integrity of computer data or the confidentiality of exempt information contained in a database, a partial printout of data containing public records or information may be furnished in lieu of an entire database.

          B. A custodian shall provide a copy of a public record in electronic format if the public record is available in electronic format and an electronic copy is specifically requested.

          C. A custodian may transmit a copy of a public record by mail or by any other reasonable delivery method. If a public record is available in electronic format, and delivery by electronic mail is specifically requested, the custodian shall transmit a copy of a public record by electronic mail if the custodian can reasonably and efficiently produce and transmit the copy with available personnel and with existing and available software and hardware.

          [B.] D. A custodian:

                (1) may charge reasonable fees for copying the public records, unless a different fee is otherwise prescribed by law;

                (2) shall not charge fees in excess of one dollar ($1.00) per printed page for documents eleven inches by seventeen inches in size or smaller;

               (3) may charge the actual costs associated with downloading copies of public records to a computer disk or storage device, including the actual cost of the computer disk or storage device;

                (4) may charge the actual costs associated with transmitting copies of public records by mail, electronic mail or facsimile;

                [(3)] (5) may require advance payment of the fees before making copies of public records;

                [(4)] (6) shall not charge a fee for the cost of determining whether any public record is subject to disclosure; and

                [(5)] (7) shall provide a receipt, upon request.

          E. Nothing in this section shall be construed to require a public body to respond to a request for a copy of a public record by creating or compiling a record that does not exist or putting a record into an electronic format that is not maintained in an electronic format. If a custodian agrees to create or compile a record or convert it to an electronic format, the custodian may charge a reasonable fee not to exceed the actual costs of compiling or converting and duplicating the public records."

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