SENATE BILL 93

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO PUBLIC RECORDS; AMENDING A SECTION OF THE INSPECTION OF PUBLIC RECORDS ACT TO PROVIDE EXCEPTIONS TO PUBLIC INSPECTION OF APPLICANTS FOR EMPLOYMENT.

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

     SECTION 1. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:

     "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.--          A. Every person has a right to inspect public records of this state except:

                (1) records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;

                (2) letters of reference concerning employment, licensing or permits;

                (3) letters or memoranda that are matters of opinion in personnel files or students' cumulative files;

                (4) law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime. Law enforcement records include evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this paragraph;

                (5) as provided by the Confidential Materials Act;

                (6) trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;

                (7) tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack;

                (8) records that would reveal the identity of an applicant for public employment in this state; provided that the name and resume of the finalist for the head of any agency, state institution or political subdivision of the state shall be made available prominently on the entity's website no fewer than seven days prior to the final decision to hire the individual; and

                [(8)] (9) as otherwise provided by law.

          B. Protected personal identifier information contained in public records may be redacted by a public body before inspection or copying of a record. The presence of protected personal identifier information on a record does not exempt the record from inspection. Unredacted records that contain protected personal identifier information shall not be made available on publicly accessible [web sites] websites operated by or managed on behalf of a public body."

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