Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Taylor, JP

DATE TYPED

2/8/2004

HB

309/aHAFC

 

SHORT TITLE

Public & Confidential Records Retention

SB

 

 

 

ANALYST

Bransford

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

NFI

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

 Attorney General (AG)

Administrative Office of the Courts (AOC)

 

No Response

State Commission of Public Records

 

SUMMARY

 

      Synopsis of HAFC Amendment

 

The House Appropriations and Finance Committee amendment removes the $25 thousand appropriation to the State Commission of Public Records.

 

Synopsis of Original Bill

 

House Bill 309 appropriates $25 thousand from the general fund to the state commission of public records to initiate a training program in confidential records retention.

 

It also amends Section 14-2-2 NMSA 1978 of the Public Records Act to define “personal identification information”, “records custodian”, and “records retention and disposition schedules.”  The legislation adds a new section to the Act restricting access to confidential public records for a limited period of time.

 

 

Significant Issues

 

The legislation requires personal identification information deemed confidential by law to remain confidential for 100 years after its creation, but requires other public records deemed confidential by law to remain confidential for 25 years after creation.

 

FISCAL IMPLICATIONS

 

The appropriation of $25 thousand contained in this bill is a non-recurring expense to the general fund for the purpose of developing and delivering a training program to instruct state agencies on the implementation of the confidential records retention provision. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

 

OTHER SUBSTANTIVE ISSUES

 

The Attorney General reports the provisions of the legislation may lead to confusion on what public records and personal identification information are accessible to the public under the Inspection of Public Records Act.

 

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