AN ACT
RELATING TO PUBLIC RECORDS; AMENDING
THE INSPECTION OF PUBLIC RECORDS ACT TO PROVIDE AN EXCEPTION FOR CERTAIN PUBLIC
RECORDS THAT COULD BE USED TO FACILITATE THE PLANNING OR EXECUTION OF A
TERRORIST ATTACK.
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 memorandums 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 above;
(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) public records containing the identity of or
identifying information relating to an applicant or nominee for the position of
president of a public institution of higher education;
(8) 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; and
(9) as otherwise provided by law.
B. At least twenty-one days before the date of
the meeting of the governing board of a public institution of higher education
at which final action is taken on selection of the person for the position of president
of the institution, the governing board shall give public notice of the names
of the finalists being considered for the position. The board shall consider in the final
selection process at least five finalists.
The required notice shall be given by publication in a newspaper of
statewide circulation and in a newspaper of county-wide circulation in the
county in which the institution is located.
Publication shall be made once and shall occur at least twenty-one days
and not more than thirty days before the described meeting.
C. Postponement of a meeting described in
Subsection B of this section for which notice has been given does not relieve
the governing body from the requirement of giving notice of a rescheduled
meeting in accordance with the provisions of Subsection B of this section.
D. Action taken by a governing body without
compliance with the notice requirements of Subsections B and C of this section
is void.
E. Nothing in Subsections B through D of this
section prohibits a governing body from identifying or otherwise disclosing the
information described in this section."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 254
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