HOUSE BILL 267

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Carl Trujillo and Jason C. Harper

AN ACT

RELATING TO PUBLIC RECORDS; EXEMPTING CERTAIN PROPRIETARY INFORMATION AND RESEARCH DATA AND RECORDS HELD BY A PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTION FROM DISCLOSURE UNDER THE INSPECTION OF PUBLIC RECORDS ACT.

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 memoranda 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 in this paragraph;

                (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) tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack; [and]

                (8) records held by a public post-secondary educational institution that could reveal:

                     (a) trade secrets or proprietary commercial or business information provided by private parties or entities pursuant to a confidentiality agreement; or

                     (b) data, records or information of a proprietary nature produced or collected by or for faculty or staff of a public post-secondary educational institution in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues where such data, records or information has not been publicly released, published, copyrighted or patented; and 

                [(8)] (9) as otherwise provided by law.

          B. Protected personal identifier information contained in public records may be redacted by a public body before inspection or copying of a record. The presence of protected personal identifier information on a record does not exempt the record from inspection. Unredacted records that contain protected personal identifier information shall not be made available on publicly accessible [web sites] websites operated by or managed on behalf of a public body."

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