HB0139

HOUSE BILL 139

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

INTRODUCED BY

Kathleen Cates

AN ACT

RELATING TO PUBLIC RECORDS; AMENDING THE INSPECTION OF PUBLIC RECORDS ACT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Inspection of Public Records Act:

A. "access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number or other telecommunications service, equipment or instrument identifier or means of account access that alone or in conjunction with another access device may be used to:

(1) obtain money, goods, services or another thing of value; or

(2) initiate a transfer of funds other than a transfer originated solely by paper instrument;

B. "adversarial administrative proceedings" means those administrative proceedings in which the administrative agency or institution of higher education acts as a complainant, respondent or decision maker in an adverse administrative proceeding, but "adversarial administrative proceedings" does not refer to those instances in which the administrative agency or institution acts in its own rulemaking capacity;

C. "archival records" means public records that were created or received by a public body more than one year previously and excludes current records;

D. "attorney work product" means a document or record that:

(1) was prepared by an attorney representing a public body or prepared at such an attorney's express direction;

(2) reflects a mental impression, conclusion, litigation strategy or legal theory of that attorney or the entity; and

(3) was prepared for civil or criminal litigation, for adversarial administrative proceedings, in anticipation of reasonably predictable civil or criminal litigation or adversarial administrative proceedings or for guidance on the legal risks, strengths and weaknesses of an action of a public body;

E. "broad and burdensome" means a request that takes more than one hour of time to locate the public record and to redact information exempt from inspection from the public record;

F. "correctional facility" means a corrections facility as defined in Section 33-1-2 NMSA 1978, a county jail as authorized under Section 33-3-1 NMSA 1978, an alternative sentencing facility as authorized under Section 33-3A-1 NMSA 1978, a juvenile detention home as authorized under Section 33-6-1 NMSA 1978 and all similar institutions operated by any federal, state, tribal, local or other jurisdiction;

G. "county canvassing board" means the board created under Section 1-13-1 NMSA 1978;

H. "critical infrastructure" means public buildings, systems, including telecommunications centers and computers, power generation plants, dams, bridges and similar key resources, and systems related to utility services, fuel supply, energy, hazardous liquid, natural gas or coal, whether physical or virtual, so vital to the state that the incapacity or destruction of these systems would have a debilitating impact on security, state economic security, state public health or safety or any combination of those matters;

I. "current records" means public records that were created or received by a public body within the past year but does not include archival records;

J. "custodian" means any person responsible for the maintenance, care or keeping of a public body's public records, regardless of whether the records are in that person's actual physical custody and control;

K. "cybersecurity" means processes or capabilities that protect and defend systems, communications and information from exploitation and unauthorized use or modification;

L. "educational institution" means a charter school, public school, state institution or a state educational institution as defined in Subsection X of Section 22-1-2 NMSA 1978;

M. "employee personal information" means the following information regarding employees of public bodies:

(1) date of birth;

(2) home address;

(3) home telephone number or personal cell phone number;

(4) photograph;

(5) medical information;

(6) motor vehicle operator's identification number;

(7) public employee identification number;

(8) payroll deduction information;

(9) the name, address, telephone number and date of birth of any dependent or emergency contact;

(10) any credit, debit or electronic fund transfer card number;

(11) any account number at a bank or other financial institution; and

(12) access device number;

N. "file format" means the internal structure of an electronic file that defines the way it is stored and used;

O. "good faith" includes:

(1) when conducting a search in response to a request for inspection, making reasonable efforts to determine from other officials or employees of a public body whether a requested record exists and, if so, how the record can be inspected; and

(2) when denying inspection reasonably relying on statutes, case law, advice of counsel, guidance issued by the attorney general and public policy;

P. "human services" means services provided to an individual or an individual's family in need of services to assist the individual or the individual's family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition and housing;

Q. "information technology systems" means computer hardware, storage media, networking equipment, physical devices, infrastructure, processes and code, firmware, software and ancillary products and services, including:

(1) systems design and analysis;

(2) development or modification of hardware or solutions used to create, process, store, secure or exchange electronic data;

(3) information storage and retrieval systems;

(4) voice, radio, video and data communication systems;

(5) network, hosting and cloud-based systems;

(6) simulation and testing;

(7) interactions between a user and an information system; and

(8) user and system credentials;

R. "inspect" means to review all public records that are not excluded in Section 23 of this 2025 act;

S. "insurer" means an entity from which a public body obtains insurance, as that term is defined in Section 59A-1-5 NMSA 1978; the risk management division of the general services department as established by Section 15-7-2 NMSA 1978; the New Mexico workers' compensation assigned risk pool established by the Workers' Compensation Assigned Risk Pool Law; or a pool created by Section 3-62-2 NMSA 1978;

T. "investigatory work product" means records obtained, compiled or prepared by a public entity in an effort to monitor and enforce compliance with the law or an order, provided that investigatory work product must be considered active as long as it is related to monitoring and enforcement activity conducted with a reasonable good-faith belief that it will lead to enforcement of the law or an order the public entity is charged by statute or other law with monitoring and enforcing;

U. "law enforcement agency" means a law enforcement agency of the state, a state agency or a political subdivision of the state;

V. "law enforcement records" means 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 subsection; provided that the presence of such information on a law enforcement record does not exempt the record from inspection;

W. "library" means a library as defined in the Library Privacy Act;

X. "medical information" means information about:

(1) the past, present or future physical or mental health or condition of an individual;

(2) the provision of health care to an individual;

(3) the past, present or future payment for the provision of health care to an individual;

(4) biometric data, including fingerprints, DNA, retinal scans and blood type; and

(5) data on a person's physical activity, heart rate and steps taken;

Y. "person" means an individual, corporation, partnership, firm, association, entity or public body domiciled in New Mexico, but does not include individuals incarcerated in a correctional facility;

Z. "private place" means the interior of a residence, the interior of a facility that offers health care or social services and other indoor places that are not open to members of the public and that a reasonable person would expect to be private;

AA. "protected personal identifier information" means:

(1) identification numbers, including:

(a) taxpayer identification number;

(b) financial account number;

(d) credit or debit card number;

(e) driver's license number;

(f) all but the year of a person's date of birth; and

(g) social security number;

(2) with regard to a non-elected employee of a public body in the context of the person's employment, the employee's non-business, home street and mailing address, but not the city, state or zip code; and

(3) with regard to all employees, elected or otherwise, of a public body in the context of the person's employment:

(a) the employee's personal telephone number;

(b) the employee's personal email address; and

BB. "public business" means all matters that relate or may foreseeably relate in any way to:

(1) the performance of the public body's governmental functions, including any matter over which the public entity has supervision, control, jurisdiction or advisory power; and

(2) the public body's use of public funds;

CC. "public body" means the executive, legislative and judicial branches of state and local governments and all advisory boards, commissions, committees, agencies or entities created by the constitution of New Mexico or any branch of state government that receives any public funding, including political subdivisions, special taxing districts, school districts and institutions of higher education;

DD. "public funds" means cash and other assets with more than minimal value received from the state or other public body;

EE. "public records" means all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained;

FF. "public social services agency" means the adult protective services system created by the Adult Protective Services Act, a county when carrying out its duties under the Indigent Hospital and County Health Care Act, the health care authority and the children, youth and families department;

GG. "reasonable denial" is a denial that states:

(1) a reason supported by the Inspection of Public Records Act, another state, federal or local law or administrative regulation, a rule of court, court order or case law of why a record is exempt from inspection, with or without providing the precise legal citation; and

(2) the reasonable justification, based on a public policy ground, for refusing to release the records;

HH. "reasonable particularity" means identifying specific records by:

(1) in the case of records other than audio or visual records, providing at least two of the following:

(a) the record title or subject line;

(b) the author; and

(2) in the case of audio or visual records, providing at least one of the following:

(a) the computer-aided dispatch record number;

(b) the police report number; and

(c) the date or date range with reasonable specificity and at least one of the following: 1) the name of a law enforcement officer or first responder; 2) the approximate time or the approximate location of the record; and 3) other criteria established and published by a law enforcement agency public body to facilitate access to videos;

provided that a request that is made for search terms or parameters that a public body does not use to index, organize, file or record its public records or otherwise cannot be used to search them does not describe a record with reasonable particularity;

II. "state canvassing board" means the board created under Article 5, Section 2 of the constitution of New Mexico;

JJ. "state commission of public records" means the commission established by Section 14-3-3 NMSA 1978;

KK. "state records administrator" means the person hired by the state commission of public records pursuant to Section 14-3-4 NMSA 1978;

LL. "reasonable fee" means the actual cost to the public entity of locating, reviewing, redacting and making the copy, including the cost of labor, materials and equipment;

MM. "security system plan" includes:

(1) records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, communications or consultations relating directly to the physical or electronic security of a public facility or any critical infrastructure, whether owned by or leased to the state or any of its political subdivisions, or any privately owned or leased critical infrastructure if the plan or a portion of the plan is in the possession of a public body;

(2) information relating to cybersecurity defenses, or threats, attacks, attempted attacks and vulnerabilities of cyber system operations relating directly to the physical or electronic security of a public facility, or any critical infrastructure, whether owned by or leased to the state or any of its political subdivisions, or any privately owned or leased critical infrastructure if the information is in the possession of a public body;

(3) threat assessments;

(4) continuity of operations plans;

(5) vulnerability and capability assessments conducted by a public body or any private entity;

(6) terrorist or threat response plans; and

(7) emergency evacuation plans;

NN. "trade secret" means a trade secret as defined in Subsection D of Section 57-3A-2 NMSA 1978;

OO. "undercover law enforcement officer" means an employee of a local or state law enforcement agency who acts surreptitiously or poses as someone other than a law enforcement officer while engaging in the investigation of a violation of law; and

PP. "utility services" means those services, when performed by a public body, that would constitute a public utility as defined by Section 62-3-3 NMSA 1978, a public telecommunications service as defined by Section 63-9A-3 NMSA 1978 and a cellular service company as defined by Section 63-9B-3 NMSA 1978 and includes services provided by associations as defined under the Sanitary Projects Act."

SECTION 2. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] RECORDS CUSTODIAN.--Each public body shall designate at least one custodian of public records who shall:

A. receive requests, including electronic mail or facsimile, to inspect public records;

B. respond to requests in the same medium, electronic or paper, in which the request was made in addition to any other medium that the custodian deems appropriate;

C. provide proper and reasonable opportunities to inspect public records;

D. provide reasonable facilities to make or furnish copies of the public records during usual business hours; and

E. post in a conspicuous location at the administrative office and on the publicly accessible website, if any, of each public body a notice describing:

(1) the right of a person to inspect a public body's records;

(2) procedures for requesting inspection of public records, including the contact information for the custodian of public records;

(3) procedures for requesting copies of public records;

(4) reasonable fees for copying public records; and

(5) the responsibility of a public body to make available public records for inspection."

SECTION 3. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] PROCEDURE FOR REQUESTING RECORDS.--

A. Any person wishing to inspect public records shall submit a written request to the custodian. The failure to respond to an oral request shall not subject the custodian to any penalty.

B. If a request is sent to any person other than the proper records custodian, the time for fulfilling the request shall be tolled until the request is delivered to the proper records custodian. All employees or agents of public bodies shall forward the request to the proper records custodian any requests misdirected to them.

C. A request shall provide the actual name, mailing address, telephone number and email address of the person seeking access to the records. Anonymous or pseudonymous requests are not permitted. If the request is made by an agent for another, the agent shall disclose the name of the person the agent is acting on behalf of.

D. A request shall identify the records sought with reasonable particularity.

E. No person requesting records shall be required to state the reason for inspecting the records.

F. A custodian receiving a written request shall permit the inspection not later than fifteen days after receiving a written request in the case of current records or sixty days in the case of archival records or audio or visual records.

G. For the purposes of this section, "written request" includes an electronic communication, including email, facsimile or use of a web page on the internet provided by the public body; provided that the request complies with the requirements of Subsection C of this section.

H. A public body may ask the requester to clarify the request.

I. A public body may discuss with the requester of a large volume of records how the scope of a request may be narrowed.

J. If a requester does not respond to a request for clarification within fifteen days, the request for inspection may be considered withdrawn."

SECTION 4. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] REQUESTING ELECTRONIC RECORDS.--

A. Automation of public records must not erode the right of access to those records. As each public body increases its use of and dependence on electronic recordkeeping, each public body shall provide reasonable public access to records electronically maintained and shall ensure that exempt or confidential records are not disclosed except as otherwise permitted by law.

B. A public body shall not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of the public body, including public records online or stored in an electronic record keeping system used by the public body.

C. An electronic copy of a record shall be provided upon request at no cost, other than costs allowed by this 2025 act; provided that if the nature or volume of the public records requested to be accessed or provided is a broad and burdensome use of information technology resources, the public body may charge no more than the actual cost incurred for the broad and burdensome use of information technology resources incurred by the public body.

D. Nothing in this section requires a public body to create or compile a record that does not exist.

E. Nothing in this section requires a public body to attempt to recover or restore deleted or overwritten records.

F. Nothing in this section requires a public body to provide inspection of browser histories, caches, cookies, file metadata, system logs, login histories or IP addresses of visitors to the websites of public bodies.

G. Except as reasonably necessary to reveal the organization of data contained in an electronically stored record, a public body is not required to provide an electronically stored record in a different structure or format.

H. This section does not require a public entity to provide a requester with access to a computer terminal or mobile device.

I. A public body is not required to provide a copy of a record that is available to the requester on the internet on a publicly accessible website. The public body shall notify the requester the record is available online and direct the requester to the website where the record can be accessed.

J. Nothing in the Inspection of Public Records Act regarding the provision of public data in electronic format shall limit the ability of the custodian to engage in the sale of data as authorized by Sections 14-3-15.1 and 14-3-18 NMSA 1978, including imposing reasonable restrictions on the use of the database and the payment of a royalty or other consideration.

K. 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. However, a custodian is only required to provide the electronic record in the file format in which it exists at the time of the request.

L. 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. Exempt information in an electronic document shall be removed along with the corresponding metadata prior to disclosure by utilizing methods or redaction tools that prevent the recovery of exempt information from a redacted electronic document."

SECTION 5. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] WRONG CUSTODIAN.--

A. In the event that a written request is not made to the custodian having possession of or responsibility for the public records requested, the person receiving the request shall promptly forward the request to the custodian of the requested public records, if known, and notify the requester.

B. The notification to the requester shall state the reason for the absence of the records from that person's custody or control, the records' location and the name and address of the custodian."

SECTION 6. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] PROCEDURE FOR INSPECTION.--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."

SECTION 7. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] COST RECOVERY.--A custodian:

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

B. may charge a fee not exceeding thirty dollars ($30.00) per hour per request, excluding the initial hour, for locating records, including electronic records, if locating the records requires more than one hour;

C. may impose a fee not exceeding thirty dollars ($30.00) per hour per request, excluding the initial hour, for redacting material from records;

D. may, if a person makes five or more requests within a forty-five-day period, treat the requests as one request in computing the time it takes to locate and excise the records;

E. shall not charge fees in excess of two dollars ($2.00) per printed page for documents eleven inches by seventeen inches in size or smaller;

F. 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;

G. may charge the actual costs associated with transmitting copies of public records by mail, electronic mail, facsimile or other electronic method of transmission;

H. may impose a fee not exceeding five dollars ($5.00) to certify or authenticate each document copied;

I. may require advance payment of the fees before locating, redacting or making copies of public records;

J. may allow a person to utilize the person's own personal devices for duplication of records and, if so, shall establish reasonable procedures to protect the integrity of the records as long as the procedures are not used to prevent access to the records;

K. may refuse to permit inspection of the records or provide copies of the records if repeated requests for records disrupt other essential functions of the public body and then give to the requester in writing the reasons supporting the refusal; and

L. may decline to again provide inspection of a record to a person who has already been provided inspection of that same record."

SECTION 8. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] CREATING AND MAINTAINING RECORDS.--Nothing in the Inspection of Public Records Act shall be construed to require a public body to:

A. create a public record;

B. maintain a public record;

C. compile, format, manipulate, package, summarize or tailor information;

D. provide a record in a particular format, medium or program not currently maintained by the public body;

E. provide a record that is included in a report or document that is printed or published, including being available online;

F. answer questions, conduct research, provide advice or issue legal opinions; or

G. provide access to premises or any material objects other than those that are public records."

SECTION 9. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] ATTORNEY-CLIENT PRIVILEGE--LITIGATION RECORDS.--

A. Records containing attorney-client information protected by the New Mexico Rules of Professional Conduct for attorneys are exempt from inspection.

B. Attorney work product is exempt from inspection. Attorney work product and copies of the work product shall not be open to public inspection, examination or copying unless specifically made public by the public body receiving the work product.

C. Records pertaining to claims for damages or other relief against any public body or public officer or employee are exempt from inspection; provided that the records shall be subject to public inspection on and after the earlier of:

(1) the date a final judgment is issued resolving the claim and all appeals and rights to appeal have been exhausted; or

(2) the date a settlement agreement is signed by all of the parties.

D. A settlement agreement between a public body and another party is exempt from disclosure until it has been fully executed and accepted by all concerned parties unless the records are otherwise exempt or confidential. In the case of multiple settlement agreements involving multiple parties involved in the same incident or undertaking, a settlement agreement is exempt until settlement agreements have been fully executed by all concerned parties unless the public records are otherwise exempt or confidential.

E. Any request under this section for records in the possession of a public body by a party to a criminal or civil action, administrative law agency adjudicative proceeding, mediation or arbitration in which the public body is a party or by an agent of the party shall comply with applicable discovery rules or orders and be made to the attorney representing that public body in the criminal or civil action, adjudicative proceeding, mediation or arbitration. The public body may deny a request from a party or an agent of a party under this subsection if the request seeks records that are privileged under applicable discovery rules.

F. Records filed with a court or administrative law agency under seal shall not be subject to inspection unless the court has ordered their inspection.

G. Records provided to a public body under a protective order approved by a court or administrative law agency shall not be subject to inspection unless the court or administrative law agency has ordered their inspection.

H. Records filed with a court or administrative law agency in a sequestered or confidential proceeding shall not be subject to inspection unless the court or administrative law agency has ordered their inspection.

I. Public filings with a court or administrative law agency shall be requested only from the court or administrative law agency and shall not be requested from another public body that may have been a party to the proceeding or otherwise has copies of such filings.

J. For purposes of this section, a law enforcement agency that investigated a crime, arrested a person or charged a person shall be considered a party to the resulting criminal action.

K. Nothing in this section shall limit the attorney-client privilege as provided for by the common law or the rules of court."

SECTION 10. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] ECONOMIC DEVELOPMENT RECORDS--COMMUNICATION PROVIDER RECORDS.--

A. Records and information pertaining to a prospective location of a business or industry, including the identity, nature and location of the business or industry, when no previous public disclosure has been made by the business or industry of the interest or intent of the business or industry to locate in, relocate within or expand within this state are exempt from inspection.

B. The exemption in this section does not include records pertaining to the application for permits or licenses necessary to do business or to expand business operations within this state, except as otherwise provided by law.

C. Information relating to communications services locations or broadband development shall be exempt from inspection if such information is not otherwise publicly available and the release of such information would reveal:

(1) the location or capacity of communications network facilities;

(2) communications network areas, including geographical maps indicating actual or proposed locations of network infrastructure or facilities;

(3) the features, functions and capabilities of communications network infrastructure and facilities;

(4) security, including cybersecurity, of the design, construction and operation of the communications network and associated services and products; or

(5) specific customer locations."

SECTION 11. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] EDUCATION RECORDS.--The following records of educational institutions are exempt from inspection:

A. letters or memoranda that are matters of opinion in students' cumulative files and the reports, notes and evidence generated by internal investigations of their employees or students;

B. examination or test questions, scoring keys and other data used to administer any licensing, employment, academic or certification examination or test and records establishing examination or test procedures and instructions regarding the administration, grading or evaluation of any examination or test, if disclosure may affect scoring outcomes;

C. any record related to a complaint or investigation under Title Nine of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., which contains personally identifiable information about a party to the complaint; and

D. information protected under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232."

SECTION 12. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] ELECTION RECORDS.--The time limits for a public body to allow a person to inspect records relating to elections shall be tolled during the period beginning on the fifty-sixth day prior to an election until the canvass of the election has been certified by the county canvassing board or state canvassing board, whichever is later."

SECTION 13. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] LAW ENFORCEMENT RECORDS--CORRECTIONS RECORDS.--

A. Law enforcement records are public records, except as provided by law and this section. The time for responding to a request for law enforcement records is tolled during the forty-five days immediately following the law enforcement agency becoming aware of a crime.

B. Before charges are filed, exempt from inspection are the names, addresses, contact information or protected personal identifier information of individuals who are victims of or non-law-enforcement witnesses to an alleged crime of:

(1) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration;

(2) assault against a household member with intent to commit a violent felony pursuant to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration;

(3) stalking pursuant to Section 30-3A-3 NMSA 1978;

(4) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978;

(5) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978;

(6) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978;

(7) sexual exploitation of children pursuant to Section 30-6A-3 NMSA 1978;

(8) abandonment of a child pursuant to Section 30-6-1 NMSA 1978;

(9) abuse of a child pursuant to Section 30-6-1 NMSA 1978;

(10) abandonment of a dependent pursuant to Section 30-6-2 NMSA 1978;

(11) incest pursuant to Section 30-10-3 NMSA 1978;

(12) child solicitation by electronic communication device pursuant to Section 30-37-3.2 NMSA 1978;

(13) criminal sexual communication with a child pursuant to Section 30-37-3.3 NMSA 1978;

(14) unauthorized distribution of sensitive images pursuant to Section 30-37A-1 NMSA 1978;

(15) abuse pursuant to the Resident Abuse and Neglect Act;

(16) human trafficking pursuant to Section 30-52-1 NMSA 1978;

(17) voyeurism pursuant to Section 30-9-20 NMSA 1978;

(18) enticement of a child pursuant to Section 30-9-1 NMSA 1978; and

(19) kidnapping pursuant to Section 30-4-1 NMSA 1978.

C. Before charges are filed, exempt from inspection are names, addresses, contact information or protected personal identifier information of individuals who are accused but not charged with a crime.

D. Exempt from inspection are the names, addresses, contact information and protected personal identifier information of juveniles and that same information relating to their parents or guardians when the juveniles are victims or witnesses to an alleged crime.

E. A law enforcement officer or prosecutor, within the scope of the employment of the officer or prosecutor, may provide assurances of confidentiality to a person providing information regarding violations of the law. Any information that would identify or provide a means of identifying a confidential informant, if the identity of the informant is not otherwise publicly known, is exempt from inspection.

F. The work schedules of employees of a law enforcement agency or correctional facility are exempt from inspection.

G. Records or other information that would reveal the identity, or endanger the life or physical well-being, of an undercover law enforcement officer is exempt from inspection.

H. Audios, videos or images taken with a body camera or similar device and that are taken in a private place are exempt records, except for those records that:

(1) depict the commission of an alleged crime;

(2) record any encounter between a law enforcement officer and a person that results in death or bodily injury or includes an instance when an officer fires a weapon; or

(3) record any encounter that is the subject of a legal proceeding against a law enforcement officer or law enforcement agency.

I. Visual depiction of a dead body, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the death is exempt from inspection.

J. Visual depiction of great bodily harm, as defined in Section 30-1-12 NMSA 1978, or acts of severe violence resulting in great bodily harm, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the great bodily harm or act of severe violence is exempt from inspection.

K. Visual depiction of an individual's intimate body parts, including the genitals, pubic area, anus or postpubescent female nipple, whether nude or visible through less than opaque clothing is exempt from inspection.

L. Visual or an audio depiction of the notification to a member of the public of a family member's death is exempt from inspection.

M. Records of a correctional facility of an inmate's medical condition, personal property, commissary or other financial accounts and communications to and from persons outside the correctional facility are exempt from inspection. This includes both the content and the metadata of such communications.

N. Nothing in this section shall exempt information from discovery requests that are made under the rules of court."

SECTION 14. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] INFRASTRUCTURE RECORDS--CYBERSECURITY RECORDS.--

A. Records that relate to cybersecurity information or critical infrastructure, the disclosure of which may expose or create vulnerability of critical infrastructure systems; or the safeguarding of telecommunications, electric, water, sanitary sewage, storm water drainage, energy, fuel supply, hazardous liquid, natural gas, coal or other critical infrastructure system, are exempt from inspection.

B. A security system plan kept by a public body and records regarding disaster mitigation, preparation, response, vulnerability or recovery or for cybersecurity planning, mitigation or threat are exempt from inspection.

C. Security codes, passwords and combinations or plans used to protect electronic information or to prevent access to computers, computer systems or computer or telecommunications networks of a public entity are exempt from inspection.

D. Information concerning information technology systems, the publication of which would reveal specific vulnerabilities that compromise or allow unlawful access to such systems, is exempt from inspection; provided that this subsection shall not be used to restrict requests for:

(1) records stored or transmitted using information technology systems;

(2) internal and external audits of information technology systems, except for those portions that would reveal ongoing vulnerabilities that compromise or allow unlawful access to such systems; or

(3) information to authenticate or validate records received pursuant to a request fulfilled pursuant to the Inspection of Public Records Act."

SECTION 15. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] LIBRARY RECORDS.--All information of patrons of a library, including information on materials borrowed or requested and the use of library services, databases or computers, is exempt from inspection."

SECTION 16. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] MEDICAL RECORDS.--

A. A medical record or a record containing medical information in the possession of a public body is exempt from inspection.

B. The medical condition of an individual, medical treatment provided to an individual and the name of an individual who received medical treatment from a public entity during an emergency medical response are exempt from inspection.

C. Autopsy photographs or other visual image or video or audio recordings of an autopsy are exempt from inspection."

SECTION 17. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] PROCUREMENT RECORDS.--

A. Records submitted to a public body by a bidder on a public contract that relate to the financial stability of the bidder, including tax returns, financial statements and bank statements, are exempt from inspection.

B. Before a contract is awarded, materials submitted in responses to sealed bidding or requests for proposals are exempt from inspection.

C. When a public body seeks to acquire real property by purchase or through the exercise of the power of eminent domain, all appraisals, other reports relating to value, offers and counteroffers are exempt from inspection until execution of a valid option contract or a written offer to sell that has been conditionally accepted by the agency, at which time the exemption shall expire."

SECTION 18. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] PUBLIC EMPLOYEE RECORDS.--

A. Employee personal information regarding a public employee contained in an employee's personnel record or given to a public body by the employee in the course of employment is exempt from inspection.

B. Any record of a public employee's medical treatment or use of an employee assistance program is exempt from inspection.

C. Letters of reference concerning employment are exempt from inspection.

D. Letters or memoranda that are matters of opinion in personnel files and the reports, notes and evidence generated by internal investigations of personnel are exempt from inspection."

SECTION 19. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] SECURITY RECORDS.--

A. Tactical response plans or procedures, 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 are exempt from inspection.

B. Records of the security system of a publicly accessible facility of a public body, disclosure of which would reveal information that could be used to plan or execute an attack on a public facility or person, are exempt from inspection."

SECTION 20. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] SOCIAL SERVICES RECORDS.--

A. Records concerning individual applicants or recipients of unemployment insurance or economic assistance or support are exempt from inspection. These exempt records include applications, income or eligibility verification assessments or other personal, medical or financial data are exempt from inspection.

B. The name, address, telephone number, email address or other record that reasonably could be used to identify an individual who provided information to a public social service agency is an exempt record if:

(1) the information relates to a matter involving human services over which the agency has regulatory jurisdiction; and

(2) the agency determines the individual had a good-faith belief the information related to a possible violation of law when the individual provided it to the agency.

C. All case records and identifying information including foster and adoptive families and applicant files are exempt from inspection.

D. Records that may disclose, or lead to the discovery of, the identity of a person who made a report of alleged abuse, neglect or exploitation of a child or protected adult, as defined in Section 27-7-16 NMSA 1978 are exempt from inspection."

SECTION 21. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] UTILITY RECORDS.--Customer records for utility services provided by a public body are exempt from inspection. Customer records include billing statements, records of consumption or usage, payment information or methods and the contents of any communications made through such utility services."

SECTION 22. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] VICTIMS OF CRIMES REPORTS.--

A. When a person who is convicted of any indictable offense under the laws of New Mexico, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family, including a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, a public body may deny inspection of all such information.

B. Confidential records that are authorized by law to be disclosed to another public body continue to be confidential in the possession of the receiving public body, except as otherwise provided by law."

SECTION 23. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] GENERAL EXCEPTIONS.--The following records shall be exempt from disclosure under the Inspection of Public Records Act:

A. letters of reference concerning licensing or permits as provided by the Confidential Materials Act;

B. trade secrets;

C. long-range or strategic business plans of public hospitals discussed in a properly closed meeting;

D. submissions in response to a competitive grant, land lease or scholarship and related scoring materials and evaluation reports until finalists are publicly named or the award is announced;

E. the personal email address or personal telephone number of an individual that is provided to a public entity for the purpose of or in the course of communicating with that public body or applying for any permit or license; provided this subsection shall not be used to shield the identity of the individual communicating with the public body;

F. real estate and other records recorded with a county clerk that are already open for public inspection; and

G. records required to be kept confidential by any law or regulation."

SECTION 24. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] VEXATIOUS REQUESTERS.--

A. A public body may file a petition asking the state commission of public records to request relief from a person that the public body claims is a vexatious requester.

B. A petition under this section shall:

(1) be filed with the state records administrator, who may not charge a fee to file a petition;

(2) contain the name and contact information of a respondent to the petition;

(3) contain a description of the conduct that the governmental entity claims demonstrates that the respondent is a vexatious requester, which may include a description of conduct directed toward public bodies other than the one filing the petition; and

(4) be served on the respondent, such service to be done contemporaneously with the filing of the petition.

C. No later than fourteen days after receiving a petition, the state records administrator shall schedule a hearing for the commission to consider the petition, which shall be at least twenty-eight days later but not more than seventy days after filing the petition.

D. If the state records administrator schedules a hearing, the state records administrator shall:

(1) send a copy of the petition to each member of the state commission of public records; and

(2) send a copy of the notice of hearing to the public body that filed the petition and the respondent.

E. No later than seven business days before the hearing, the respondent may submit to the state records administrator a written statement in response to the public body's petition and serve that statement on the petitioner.

F. No discovery may be allowed on a petition to declare a person a vexatious requester.

G. At the hearing on the petition, the state commission of public records shall allow the petitioner and respondent to testify, present evidence and comment on the issues. If a respondent fails to appear at the hearing, the commission may enter a default judgment against the respondent.

H. Within twenty-eight days after a hearing is held, the state commission of public records shall issue a signed order deciding as to whether the respondent is a vexatious requester and what other relief requested by the petitioner should be granted.

I. No public body shall be obligated to respond to requests for inspection from a person who is determined to be a vexatious requester for three years after the designation is made.

J. The petitioner or the respondent may appeal a decision of the state commission of public records to the district court in the county in which the petitioner maintains its principal office. A notice of appeal shall be filed within sixty days of service of the decision on the petition.

K. The state commission of public records shall maintain on the commission's website an alphabetical list of all persons ever declared to be a vexatious requester and copies of all decisions on petitions filed under this section."

SECTION 25. A new section of the Inspection of Public Records Act is enacted to read:

"[NEW MATERIAL] ENFORCEMENT.--

A. An action to enforce the Inspection of Public Records Act may be brought by:

(1) the attorney general or the district attorney in the county of jurisdiction; or

(2) a person whose written request has been denied.

B. Actions to enforce the Inspection of Public Records Act shall be brought exclusively against the public body in the district court in the county where the public body maintains its principal office. No records custodian or other employee or official of the public body shall be named as a defendant.

C. Any public body named in an action filed pursuant to the Inspection of Public Records Act shall be held liable for conduct of individuals acting on behalf of, under color of or within the course and scope of the authority of the public body.

D. Actions to enforce the Inspection of Public Records Act shall be exclusively brought as a civil action and proceed under the rules of court for civil complaints.

E. Public bodies shall be given a chance to cure alleged violations of the Inspection of Public Records Act as follows:

(1) before filing suit, a requester who alleges that a public body has failed to fulfill in whole or in part a request made under the Inspection of Public Records Act shall give notice of intent to sue in writing to the records custodian of a public body stating:

(a) the requester intends to file suit;

(b) a reference to or copy of the unfulfilled request at issue; and

(2) the public body shall have sixty days after actual receipt of the notice of intent to sue in which to provide the records requested; and

(3) no suit to enforce the Inspection of Public Records Act shall be maintained unless a notice of intent to sue is given under this subsection, and a plaintiff must affirmatively plead that the plaintiff has complied with this subsection and provide proof of compliance when filing suit.

F. The district court shall not issue peremptory writs of mandamus or alternate writs of mandamus under Section 44-2-7 NMSA 1978.

G. A district court may issue a writ of mandamus or order an injunction or other appropriate remedy to enforce the provisions of the Inspection of Public Records Act but only after the public body has been served with a complaint, given due process in accordance with the rules of civil procedure and the court has found that the public body did not produce records in violation of that act.

H. The exhaustion of administrative remedies shall not be required prior to bringing any action to enforce the procedures of the Inspection of Public Records Act.

I. The court shall award damages, costs and or reasonable attorney fees to any person whose written request has been denied and is successful in a court action to enforce the provisions of the Inspection of Public Records Act only in cases where the public body did not act in good faith or failed to provide a reasonable denial.

J. A public body may file a complaint in the district court under the Declaratory Judgment Act to seek determination whether a request made under the Inspection of Public Records Act seeks material exempt from disclosure or otherwise does not comply with the act."

SECTION 26. REPEAL.--Sections 14-2-1 through 14-2-1.2 and 14-2-6 through 14-2-12 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, Laws 2019, Chapter 27, Section 2, Laws 2023, Chapter 67, Section 3 and Laws 1993, Chapter 258, Sections 3 through 9, as amended) are repealed.

SECTION 27. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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