AN ACT
RELATING TO PUBLIC RECORDS; CREATING
AN EXCEPTION TO THE RIGHT TO INSPECT PUBLIC RECORDS FOR FILED MILITARY
DISCHARGE PAPERS.
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) discharge papers of a veteran of the armed
forces of the United States filed with the county clerk before July 1, 2003
that have not been commingled with other recorded documents. These papers will be available only to the
veteran who filed the papers, the veteran's next of kin, the deceased veteran's
properly appointed personal representative or executor, a person holding the
veteran's general power of attorney or a person designated in writing by the
veteran to receive the records;
(9) discharge papers of a veteran of the armed
forces of the United States filed with the county clerk before July 1, 2003
that have been commingled with other recorded documents if the veteran has
recorded a request for exemption from public disclosure of discharge papers
with the county clerk. If such a request
has been recorded, the records may be released only to the veteran filing the
papers, the veteran's next of kin, the deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's general
power of attorney or a person designated in writing by the veteran to receive
the records;
(10) discharge papers of a veteran of the armed
forces of the United States filed with the county clerk after June 30,
2003. These papers will be available
only to the veteran who filed them, the veteran's next of kin, the deceased
veteran's properly appointed personal representative or executor, a person
holding the veteran's general power of attorney or a person designated in
writing by the veteran to receive the records; and
(11) 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 112
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