SENATE BILL 666

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Kent L. Cravens

AN ACT

RELATING TO INTERSTATE COMPACTS; REQUIRING PUBLIC NOTICE AND ACCESS TO MEETINGS AND RECORDS.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Interstate Compact Transparency Act".

     Section 2. DEFINITIONS.--As used in the Interstate Compact Transparency Act:

          A. "governing body" means the organization of an interstate compact authorized to act in the particular business that is the subject of the interstate compact;

          B. "interstate compact" means any agreement entered into between the state and one or more other states or federally recognized Indian nations, tribes or pueblos, regardless of subject matter or the need for federal congressional approval;

          C. "official meeting" means any meeting of an interstate compact governing body that is required by the terms of the interstate compact or a decision of the governing body;

          D. "open access law" means a law, constitutional provision, rule or court ruling, such as the Open Meetings Act, that intends or that has the effect of increasing the transparency of any government operation to public scrutiny;

          E. "records" means meeting minutes, records of votes or any other information that the governing body is required to keep under the terms of an interstate compact; and

          F. "written notice" means the written conveyance of information from the governing body to the residents of the state in a manner that would reasonably inform the residents of the state that the governing body has scheduled a meeting, whether or not any resident actually received the written conveyance.

     Section 3. OPEN ACCESS.--

          A. The state shall not enter into any interstate compact unless the governing body of the interstate compact complies with the open access laws of the state.

          B. Notwithstanding Subsection A of this section, the state shall not enter into an interstate compact unless the governing body of the interstate compact provides written notice of an official meeting, thirty days prior to that meeting, and provides the public with access to the written and electronic records of all official meetings.

          C. The state shall not participate in an interstate compact in which the governing body did not comply with Subsection A or B of this section.

     Section 4. SEVERABILITY.--If any part or application of the Interstate Compact Transparency Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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