SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 232

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING A PUBLIC BODY WITH ADDITIONAL TIME TO RESPOND TO REQUESTS THAT ARE EXCESSIVELY BURDENSOME OR BROAD; ALLOWING A PUBLIC BODY TO PETITION THE DISTRICT COURT FOR ADDITIONAL TIME OR TO DENY A REQUEST THAT IS AN UNDUE HARDSHIP ON THE PUBLIC BODY.

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

     SECTION 1. Section 14-2-10 NMSA 1978 (being Laws 1993, Chapter 258, Section 7) is amended to read:

     "14-2-10. PROCEDURE [FOR]--EXCESSIVELY BURDENSOME OR BROAD REQUESTS--UNDUE HARDSHIP.--

          A. If a custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed to comply with the request. The custodian shall provide written notification to the requester within fifteen days of receipt of the request that additional time will be needed to respond to the written request. In the absence of an order from the district court as provided in Subsection B of this section, the public body shall permit inspection as soon as practicable but no later than forty-five days from receipt of the request. The requester may deem the request denied and may pursue the remedies available pursuant to the Inspection of Public Records Act if the custodian does not permit the records to be inspected [in a reasonable period of time] within forty-five days; provided that the period of time for a public body to permit inspection shall be tolled upon the filing of a petition pursuant to Subsection B of this section.

          B. If a custodian determines that a written request is an undue hardship on the public body and more than forty-five days are needed to respond to the request, the public body may petition the district court to allow additional time to respond or for a determination that the request may be denied. The public body shall serve the petition on the requester in the manner specified by the Rules of Civil Procedure for the District Courts. If the district court finds by a preponderance of the evidence that the written request is an undue hardship on the public body, it shall issue an order allowing the public body an additional reasonable period of time to respond or, in its discretion, an order that the public body may deny the request in whole or in part."

     SECTION 2. Section 14-2-11 NMSA 1978 (being Laws 1993, Chapter 258, Section 8) is amended to read:

     "14-2-11. PROCEDURE FOR DENIED REQUESTS.--

          A. Unless a written request has been determined to be excessively burdensome or broad or an undue hardship, a written request for inspection of public records that has not been permitted within fifteen days of receipt by the office of the custodian may be deemed denied. The person requesting the public records may pursue the remedies provided in the Inspection of Public Records Act.

          B. If a written request has been denied, the custodian shall provide the requester with a written explanation of the denial. The written denial shall:

                (1) describe the records sought;

                (2) set forth the names and titles or positions of each person responsible for the denial; and

                (3) be delivered or mailed to the person requesting the records within fifteen days after the request for inspection was received.

          C. A custodian who does not deliver or mail a written explanation of denial within fifteen days after receipt of a written request for inspection is subject to an action to enforce the provisions of the Inspection of Public Records Act and the requester may be awarded damages. Damages shall:

                (1) be awarded if the failure to provide a timely explanation of denial is determined to be unreasonable;

                (2) not exceed one hundred dollars ($100) per day;

                (3) accrue from the day the public body is in noncompliance until a written denial is issued; and

                (4) be payable from the funds of the public body."

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