SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 319

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING FOR COMPUTER DATABASE INFORMATION OF COUNTIES AND MUNICIPALITIES AS PUBLIC RECORDS.

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

     Section 1. Section 14-3-18 NMSA 1978 (being Laws 1963, Chapter 186, Section 2, as amended) is amended to read:

     "14-3-18. COUNTY AND MUNICIPAL RECORDS--GEOGRAPHIC INFORMATION SYSTEM--COMPUTER DATABASES--COPY FEES--CRIMINAL PENALTY.--

          A. The administrator may advise and assist county and municipal officials in the formulation of programs for the disposition of public records maintained in county and municipal offices.

          B. Notwithstanding the provisions of Paragraph (2) of Subsection E of this section, a county or municipality may charge a reasonable fee, as adopted by ordinance of the respective board of county commissioners or governing body of a municipality pursuant to the Open Meetings Act, for use of a document or product generated by a geographic information system.

          C. Except as otherwise provided by federal or state law, information contained in a computer database shall be a public record and shall be subject to disclosure in printed or typed format by a county or municipality that has inserted that information into the database, in accordance with the Public Records Act.

          D. The administrator may advise and assist county and municipal officials with the procedures, schedules and technical standards for the retention of computer databases.

          E. A county or municipality that has inserted data in a computer database may authorize an electronic copy to be made of the computer database of a public record on a currently available electronic medium for a person if the person agrees:

                (1) not to make unauthorized copies of the computer database; and

                (2) to pay a reasonable fee based upon the cost of:

                     (a) materials;

                     (b) making an electronic copy of the computer database; and

                     (c) personnel time to research and retrieve the electronic record.

          F. Subject to any confidentiality provisions of law or local ordinance, a county or municipality may permit another federal, state or local government entity access to all or any portion of a computer database created by the county or municipality.

          G. If information contained in a computer database is searched, manipulated or retrieved or a copy of the database is made for private or nonpublic use, a fee may be charged by the county or municipality permitting access or use of the database.

          H. Except as authorized by law or local ordinance, a person who reveals to an unauthorized person information contained in a computer database or who permits the unauthorized copying or distribution of any computer database is guilty of a misdemeanor, and upon conviction, the court shall sentence that person to jail for a definite term not to exceed one year or to payment of a fine not to exceed five thousand dollars ($5,000), or both."

- 3 -