SENATE BILL 171

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Linda M. Trujillo

 

 

 

 

 

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING FOR REDACTION OF CERTAIN INFORMATION; AMENDING A SECTION OF THE NMSA 1978.

 

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

     SECTION 1. Section 14-8-9.1 NMSA 1978 (being Laws 2011, Chapter 134, Section 21, as amended) is amended to read:

     "14-8-9.1. PUBLIC RECORDS--INSPECTION--EXCEPTIONS.--

          A. Except as provided in this section, all documents filed and recorded in the office of the county clerk are public records.

          B. The county clerk shall publicly post in the office of the county clerk and on the county's web page a notice that documents recorded in the office of the county clerk are public records, subject to inspection and disclosure.

          C. Before purchasing or digitizing of documents by third parties, [protected personal identifier information, as defined in the Inspection of Public Records Act] the following information shall be redacted:

                (1) the month and day of birth of a person's date of birth;

                (2) all but the last four digits of a social security number; and

                (3) all but the last four digits of a driver's license number.

          D. Documents containing health information that relates to and identifies specific individuals as patients are exempt as a public record pursuant to Section 14-6-1 NMSA 1978.

          E. Discharge papers of a veteran of the armed forces of the United States recorded in the office of the county clerk shall be segregated from public records in the office of the county clerk. Discharge papers recorded before July 1, 2005 that have been commingled with public records and that remain unsegregated are available for inspection in the office of the county clerk but shall not be purchased, copied or digitized by any third party, except by those persons authorized in this section. As the technology becomes available, county clerks shall segregate commingled discharge papers from the public records in the office of the county clerk. Discharge papers recorded in the office of the county clerk are available only to:

                (1) the veteran who filed the papers;

                (2) the veteran's next of kin;

                (3) the deceased veteran's properly appointed personal representative or executor;

                (4) a person holding the veteran's general power of attorney; or

                (5) a person designated by the veteran in an acknowledged statement to receive the records.

          F. Death certificates that have been recorded in the office of the county clerk may be inspected, but shall not be purchased, copied or digitized by any third party unless fifty years have elapsed after the date of death. Death certificates and other vital records recorded in the office of the county clerk are exempt from the restrictions contained in Subsection A of Section 24-14-27 NMSA 1978. The act of recording a death certificate in the office of the county clerk is considered a convenience; provided that no person shall be required to record a death certificate in the office of the county clerk to effect change of title or interest in property."

- 3 -