HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 160

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING FOR DELIVERY OF COPIES OF PUBLIC RECORDS IN ELECTRONIC FORMAT; REQUIRING A PUBLIC BODY TO DISPLAY PROCEDURES FOR REQUESTING PUBLIC RECORDS FROM AND CONTACT INFORMATION FOR THE PUBLIC RECORDS CUSTODIAN ON A WEB SITE.

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

     SECTION 1. Section 14-2-6 NMSA 1978 (being Laws 1993, Chapter 258, Section 3) is amended to read:

     "14-2-6. DEFINITIONS.--As used in the Inspection of Public Records Act:

          A. "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;

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

          [B.] C. "inspect" means to review all public records that are not excluded in Section 14-2-1 NMSA 1978;

          [C.] D. "person" means any individual, corporation, partnership, firm, association or entity;

          [D.] E. "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 or any branch of government that receives any public funding, including political subdivisions, special taxing districts, school districts and institutions of higher education; and

          [E.] F. "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."

     SECTION 2. Section 14-2-7 NMSA 1978 (being Laws 1993, Chapter 258, Section 4, as amended) is amended to read:

     "14-2-7. DESIGNATION OF CUSTODIAN--DUTIES.--Each public body shall designate at least one custodian of public records who shall:

          A. receive [and respond to] 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;

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

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

          [D.] E. post in a conspicuous location at the administrative office and on the publicly accessible web site, 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. Section 14-2-9 NMSA 1978 (being Laws 1993, Chapter 258, Section 6) is amended to read:

     "14-2-9. PROCEDURE FOR INSPECTION.--

          A. 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. 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.

          B. 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.

          [B.] C. A custodian:

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

                (2) shall not charge fees in excess of one dollar ($1.00) per printed page for documents eleven inches by seventeen inches in size or smaller;

               (3) 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;

                (4) may charge the actual costs associated with transmitting copies of public records by mail, electronic mail or facsimile;

                [(3)] (5) may require advance payment of the fees before making copies of public records;

                [(4)] (6) shall not charge a fee for the cost of determining whether any public record is subject to disclosure; and

                [(5)] (7) shall provide a receipt, upon request."

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