SENATE BILL 128

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

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO PUBLIC RECORDS; REQUIRING A CUSTODIAN OF PUBLIC RECORDS TO CERTIFY THAT THE RECORDS PRODUCED ARE TRUE AND CORRECT COPIES AND MADE IN THE REGULAR COURSE OF THE OPERATIONS OF THE PUBLIC BODY OR THAT NO SUCH RECORDS EXIST; REQUIRING THE CUSTODIAN TO IDENTIFY THE REQUEST WHEN RESPONDING; AMENDING A SECTION OF THE INSPECTION OF PUBLIC RECORDS ACT.

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

     SECTION 1. 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.--

          A. Each public body shall designate at least one custodian of public records who shall:

                [A.] (1) receive and respond to requests to inspect public records;

                [B.] (2) provide proper and reasonable opportunities to inspect public records;

                [C.] (3) provide reasonable facilities to make or furnish copies of the public records during usual business hours; and

                [D.] (4) post in a conspicuous location at the administrative office of each public body a notice describing:

                     [(1)] (a) the right of a person to inspect a public body's records;

                     [(2)] (b) procedures for requesting inspection of public records;

                     [(3)] (c) procedures for requesting copies of public records;

                     [(4)] (d) reasonable fees for copying public records; and

                     [(5)] (e) the responsibility of a public body to make available public records for inspection.

          B. When producing public records, a custodian shall set forth the request and identify the documents responsive to the request. The custodian shall, upon request, certify that the records produced are:

                (1) true and correct copies; and

                (2) made in the regular course of the operations of the public body.

          C. In the event there are no records responsive to a request, the custodian shall set forth the request and certify that after a due and diligent search, there are no records, statements or data compilations responsive to the request."

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