0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 1092 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO PUBLIC HEALTH; CREATING LOCAL HEALTH FACILITIES | 0013| AUTHORITIES AND BOARDS; PROVIDING FOR THE POWERS AND DUTIES OF | 0014| THE AUTHORITIES AND THE BOARDS CREATED. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0018| through 9 of this act may be cited as the "Public Health | 0019| Facilities Authority Act". | 0020| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the | 0021| Public Health Facilities Authority Act is to create a statutory | 0022| mechanism by which public health facilities may be operated in | 0023| a competitive, less governmentally restricted environment, | 0024| while maintaining a publicly responsive health care | 0025| infrastructure that provides quality health care services to | 0001| the citizens of New Mexico, including continued support for the | 0002| indigent population of the state. | 0003| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0004| Public Health Facilities Authority Act: | 0005| A. "health facility" means a facility or entity | 0006| licensed by the department of health as a health facility; | 0007| B. "local authority" means a local public health | 0008| facilities authority created pursuant to the Public Health | 0009| Facilities Authority Act; | 0010| C. "local board" means a local health facilities | 0011| board created pursuant to the Public Health Facilities | 0012| Authority Act; | 0013| D. "proprietary information" means strategic or | 0014| long-range business plans or information that derives | 0015| independent economic value, actual or potential, from not being | 0016| generally known to and not being readily ascertainable by | 0017| proper means by other persons who can obtain economic value | 0018| from its disclosure or use, and is the subject of efforts that | 0019| are reasonable under the circumstances to maintain its secrecy; | 0020| and | 0021| E. "public health facility" means a health facility | 0022| owned or operated by an agency or institution of a political | 0023| subdivision of the state. | 0024| Section 4. [NEW MATERIAL] LOCAL BOARDS--CREATION-- | 0025| COMPOSITION.-- | 0001| A. Local boards may be created by political | 0002| subdivisions of the state for the purpose of owning and | 0003| operating or leasing public health facilities. | 0004| B. The membership of a local board shall be | 0005| representative of the residents of the affected local area and | 0006| shall include local government officials, representatives of | 0007| existing health facility governing boards, health professionals, | 0008| members of the public, consumer advocates and other interested | 0009| persons. The original members of a local board, their terms and | 0010| provisions for replacement of local board members shall be | 0011| determined by the participating political subdivisions of the | 0012| state. | 0013| Section 5. [NEW MATERIAL] LOCAL BOARDS--POWERS AND | 0014| DUTIES.--Local boards generally have all powers necessary and | 0015| convenient to carry out and effectuate the provisions of the | 0016| Public Health Facilities Authority Act pertaining to local boards | 0017| and have the power to: | 0018| A. sue and be sued; | 0019| B. purchase, lease, receive or otherwise acquire, own, | 0020| hold, use and otherwise deal in and with real or personal | 0021| property; | 0022| C. sell, convey, lease, pledge, exchange, transfer and | 0023| otherwise dispose of its assets for the consideration, terms and | 0024| conditions determined by the local board with the approval of the | 0025| political subdivisions or owners and in accordance with applicable | 0001| laws; | 0002| D. make contracts, incur liabilities and borrow money | 0003| at such rates of interest as may be determined by the local board, | 0004| but the local board has no authority to create a debt that would | 0005| be prohibited by law or the constitution of New Mexico if created | 0006| by the state or a political subdivision of the state; | 0007| E. execute contracts and other instruments necessary | 0008| or convenient in the exercise of the powers and functions of the | 0009| local board; | 0010| F. receive and administer grants and private gifts; | 0011| G. receive funds from federal, state and local | 0012| government sources; | 0013| H. invest and reinvest its funds; | 0014| I. conduct its activities, carry out its operations | 0015| and maintain offices and facilities necessary and appropriate to | 0016| exercise its powers pursuant to the Public Health Facilities | 0017| Authority Act; | 0018| J. make and amend bylaws for the administration and | 0019| regulation of its affairs, including in those bylaws within its | 0020| discretion provisions indemnifying any person who is a local board | 0021| member, officer, employee or agent of the local board or a public | 0022| health facility under its control for liability incurred or | 0023| claimed for actions taken or not taken within the scope of the | 0024| person's duties or employment; | 0025| K. employ officers and employees, set their | 0001| compensation and describe their duties; | 0002| L. enter into agreements with insurance carriers to | 0003| insure against any loss in connection with its operations; | 0004| M. authorize retirement programs and other benefits | 0005| for its salaried officers and employees and salaried officers and | 0006| employees of a public health facility under its control; and | 0007| N. employ fiscal consultants, attorneys and other | 0008| consultants and pay compensation to the persons employed. | 0009| Section 6. [NEW MATERIAL] EXEMPTIONS FROM CERTAIN LAWS.-- | 0010| The provisions of the following laws shall not apply or shall | 0011| apply in only a limited manner to a local authority and the local | 0012| board and public health facilities under their respective control | 0013| or ownership: | 0014| A. the Personnel Act; | 0015| B. the Procurement Code; | 0016| C. those provisions of Section 10-15-2 NMSA 1978 | 0017| specifically exempting certain activities of local boards from the | 0018| provisions of the Open Meetings Act; | 0019| D. those provisions of Section 14-2-9 NMSA 1978 | 0020| specifically exempting certain records from the provisions of the | 0021| Inspection of Public Records Act; and | 0022| E. the Per Diem and Mileage Act. | 0023| Section 7. [NEW MATERIAL] ISSUANCE OF REVENUE BONDS.--A | 0024| local authority may issue negotiable revenue bonds or notes or | 0025| both. | 0001| Section 8. [NEW MATERIAL] DISSOLUTION.--On termination or | 0002| dissolution of a local authority, all rights and properties of a | 0003| local authority shall be transferred by action of the respective | 0004| authority or, in the absence of that action, automatically by | 0005| operation of law, to the local governmental entity or political | 0006| subdivision from which they were acquired, subject to the rights | 0007| of any bondholders, lienholder or creditors of the respective | 0008| authority. | 0009| Section 9. [NEW MATERIAL] WITHHOLDING PROPRIETARY | 0010| INFORMATION.--The local authority shall have the discretion to | 0011| withhold proprietary information from disclosure under the | 0012| Inspection of Public Records Act. | 0013| Section 10. Section 10-8-3 NMSA 1978 (being Laws 1971, | 0014| Chapter 116, Section 2, as amended) is amended to read: | 0015| "10-8-3. DEFINITIONS.--As used in the Per Diem and Mileage | 0016| Act: | 0017| A. "secretary" means the secretary of finance and | 0018| administration; | 0019| B. "employee" means any person who is in the employ of | 0020| any state agency, local public body or public post-secondary | 0021| educational institution and whose salary is paid either completely | 0022| or in part from public money, but does not include jurors or jury | 0023| commissioners; | 0024| C. "governing board" means the board of regents of any | 0025| institution designated in Article 12, Section 11 of the | 0001| constitution of New Mexico or designated in Chapter 21, Article 14 | 0002| NMSA 1978, or the board of any institution designated in Chapter | 0003| 21, Articles 13, 16 and 17 NMSA 1978; | 0004| D. "local public body" means all political | 0005| subdivisions of the state and their agencies, instrumentalities | 0006| and institutions, except public post-secondary educational | 0007| institutions and the local authorities and local boards created | 0008| pursuant to the Public Health Facilities Authority Act; | 0009| E. "state agency" means the state or any of its | 0010| branches, agencies, departments, boards, instrumentalities or in- | 0011| | 0012| stitutions, except public post-secondary educational institutions; | 0013| | 0014| F. "public post-secondary educational institution" | 0015| means any institution designated in Article 12, Section 11 of the | 0016| constitution of New Mexico and any institution designated in | 0017| Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978; and | 0018| G. "public officer" or "public official" means every | 0019| elected or appointed officer of the state, local public body or | 0020| any public post-secondary educational institution. "Public | 0021| officer" includes members of advisory boards appointed by any | 0022| state agency, local public body or public post-secondary | 0023| educational institution." | 0024| Section 11. Section 10-9-4 NMSA 1978 (being Laws 1961, | 0025| Chapter 240, Section 4, as amended) is amended to read: | 0001| "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the | 0002| service cover all state positions except: | 0003| A. officials elected by popular vote or appointed to | 0004| fill vacancies to elective offices; | 0005| B. members of boards and commissions and heads of | 0006| agencies appointed by the governor; | 0007| C. heads of agencies appointed by boards or | 0008| commissions; | 0009| D. directors of department divisions; | 0010| E. those in educational institutions and in public | 0011| schools; | 0012| F. those employed by state institutions and by state | 0013| agencies providing educational programs and who are required to | 0014| hold valid certificates as certified school instructors as defined | 0015| in Section 22-1-2 NMSA 1978 issued by the state board of | 0016| education; | 0017| G. those in the governor's office; | 0018| H. those in the state militia or the commissioned | 0019| officers of the New Mexico state police division of the department | 0020| of public safety; | 0021| I. those in the governmental instrumentality known as | 0022| the public health facilities authority created pursuant to the | 0023| Public Health Facilities Authority Act; provided that, an employee | 0024| of a public heath facility who subsequently becomes employed by a | 0025| local health facility authority without a break in service shall | 0001| retain the applicable rights and privileges provided by the | 0002| Deferred Compensation Act, the Group Benefits Act, the Public | 0003| Employee Bargaining Act, the Public Employees Retirement Act, the | 0004| Retiree Health Care Act and Sections 10-7-1 through 10-7-19 NMSA | 0005| 1978, until separation from employment with a local health | 0006| facility authority. A local health facility authority shall make | 0007| contributions as required by law for a participating employee. | 0008| [I.] J. those in the judicial branch of government; | 0009| [J.] K. those in the legislative branch of government; | 0010| [K.] L. not more than two assistants and one secretary | 0011| in the office of each official listed in Subsections A, B and C of | 0012| this section, excluding members of boards and commissions in | 0013| Subsection B of this section; | 0014| [L.] M. those of a professional or scientific nature | 0015| which are temporary in nature; | 0016| [M.] N. those filled by patients or inmates in | 0017| charitable, penal or correctional institutions; | 0018| [N.] O. state employees if the personnel board in its | 0019| discretion decides that the position is one of policymaking; and | 0020| [O.] P. disadvantaged youth under twenty-two years of | 0021| age regularly enrolled or to be enrolled in a secondary | 0022| educational institution approved by the state board of education | 0023| or in an accredited state institution of advanced learning or | 0024| vocational training and who are to be employed for not more than | 0025| seven hundred twenty hours during any calendar year: | 0001| (1) the term "disadvantaged youth" shall be | 0002| defined for purposes of this exemption by regulation duly | 0003| promulgated by the board; and | 0004| (2) the board shall: | 0005| (a) require that all the criteria of this | 0006| subsection have been met; | 0007| (b) establish employment lists for the | 0008| certification of the highest-standing candidates to the | 0009| prospective employers; and | 0010| (c) establish the pay rates for such em- | 0011| | 0012| ployees." | 0013| Section 12. Section 10-15-1 NMSA 1978 (being Laws 1974, | 0014| Chapter 91, Section 1, as amended) is amended to read: | 0015| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN | 0016| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.-- | 0017| A. In recognition of the fact that a representative | 0018| government is dependent upon an informed electorate, it is | 0019| declared to be public policy of this state that all persons are | 0020| entitled to the greatest possible information regarding the | 0021| affairs of government and the official acts of those officers and | 0022| employees who represent them. The formation of public policy or | 0023| the conduct of business by vote shall not be conducted in closed | 0024| meeting. All meetings of any public body except the legislature | 0025| and the courts shall be public meetings, and all persons so | 0001| desiring shall be permitted to attend and listen to the | 0002| deliberations and proceedings. Reasonable efforts shall be made | 0003| to accommodate the use of audio and video recording devices. | 0004| B. All meetings of a quorum of members of any board, | 0005| commission, administrative adjudicatory body or other policymaking | 0006| body of any state agency, any agency or authority of any county, | 0007| municipality, district or any political subdivision, held for the | 0008| purpose of formulating public policy, including the development of | 0009| personnel policy, rules, regulations or ordinances, discussing | 0010| public business or for the purpose of taking any action within the | 0011| authority of or the delegated authority of any board, commission | 0012| or other policymaking body are declared to be public meetings open | 0013| to the public at all times, except as otherwise provided in the | 0014| constitution of New Mexico or the Open Meetings Act. No public | 0015| meeting once convened that is otherwise required to be open | 0016| pursuant to the Open Meetings Act shall be closed or dissolved | 0017| into small groups or committees for the purpose of permitting the | 0018| closing of the meeting. | 0019| C. If otherwise allowed by law or rule of the public | 0020| body, a member of a public body may participate in a meeting of | 0021| the public body by means of a conference telephone or other | 0022| similar communications equipment when it is otherwise difficult or | 0023| impossible for the member to attend the meeting in person, | 0024| provided that each member participating by conference telephone | 0025| can be identified when speaking, all participants are able to hear | 0001| each other at the same time and members of the public attending | 0002| the meeting are able to hear any member of the public body who | 0003| speaks during the meeting. | 0004| D. Any meetings at which the discussion or adoption of | 0005| any proposed resolution, rule, regulation or formal action occurs | 0006| and at which a majority or quorum of the body is in attendance, | 0007| and any closed meetings, shall be held only after reasonable | 0008| notice to the public. The affected body shall determine at least | 0009| annually in a public meeting what notice for a public meeting is | 0010| reasonable when applied to that body. That notice shall include | 0011| broadcast stations licensed by the federal communications | 0012| commission and newspapers of general circulation that have | 0013| provided a written request for such notice. | 0014| E. A public body may recess and reconvene a meeting to | 0015| a day subsequent to that stated in the meeting notice if, prior to | 0016| recessing, the public body specifies the date, time and place for | 0017| continuation of the meeting, and, immediately following the | 0018| recessed meeting, posts notice of the date, time and place for the | 0019| reconvened meeting on or near the door of the place where the | 0020| original meeting was held and in at least one other location | 0021| appropriate to provide public notice of the continuation of the | 0022| meeting. Only matters appearing on the agenda of the original | 0023| meeting may be discussed at the reconvened meeting. | 0024| F. Meeting notices shall include an agenda containing | 0025| a list of specific items of business to be discussed or transacted | 0001| at the meeting or information on how the public may obtain a copy | 0002| of such an agenda. Except in the case of an emergency, the agenda | 0003| shall be available to the public at least twenty-four hours prior | 0004| to the meeting. Except for emergency matters, a public body shall | 0005| take action only on items appearing on the agenda. For purposes | 0006| of this subsection, an "emergency" refers to unforeseen | 0007| circumstances that, if not addressed immediately by the public | 0008| body, will likely result in injury or damage to persons or | 0009| property or substantial financial loss to the public body. | 0010| G. The board, commission or other policymaking body | 0011| shall keep written minutes of all its meetings. The minutes shall | 0012| include at a minimum the date, time and place of the meeting, the | 0013| names of members in attendance and those absent, the substance of | 0014| the proposals considered and a record of any decisions and votes | 0015| taken that show how each member voted. All minutes are open to | 0016| public inspection. Draft minutes shall be prepared within ten | 0017| working days after the meeting and shall be approved, amended or | 0018| disapproved at the next meeting where a quorum is present. | 0019| Minutes shall not become official until approved by the | 0020| policymaking body. | 0021| H. The provisions of Subsections A, B and G of this | 0022| section do not apply to: | 0023| (1) meetings pertaining to issuance, suspension, | 0024| renewal or revocation of a license, except that a hearing at which | 0025| evidence is offered or rebutted shall be open. All final actions | 0001| on the issuance, suspension, renewal or revocation of a license | 0002| shall be taken at an open meeting; | 0003| (2) limited personnel matters; provided that for | 0004| purposes of the Open Meetings Act, "limited personnel matters" | 0005| means the discussion of hiring, promotion, demotion, dismissal, | 0006| assignment or resignation of or the investigation or consideration | 0007| of complaints or charges against any individual public employee; | 0008| provided further that this subsection is not to be construed as to | 0009| exempt final actions on personnel from being taken at open public | 0010| meetings, nor does it preclude an aggrieved public employee from | 0011| demanding a public hearing. Judicial candidates interviewed by | 0012| any commission shall have the right to demand an open interview; | 0013| (3) deliberations by a public body in connection | 0014| with an administrative adjudicatory proceeding. For purposes of | 0015| this paragraph, an "administrative adjudicatory proceeding" means | 0016| a proceeding brought by or against a person before a public body | 0017| in which individual legal rights, duties or privileges are | 0018| required by law to be determined by the public body after an | 0019| opportunity for a trial-type hearing. Except as otherwise | 0020| provided in this section, the actual administrative adjudicatory | 0021| proceeding at which evidence is offered or rebutted and any final | 0022| action taken as a result of the proceeding shall occur in an open | 0023| meeting; | 0024| (4) the discussion of personally identifiable | 0025| information about any individual student, unless the student, his | 0001| parent or guardian requests otherwise; | 0002| (5) meetings for the discussion of bargaining | 0003| strategy preliminary to collective bargaining negotiations between | 0004| the policymaking body and a bargaining unit representing the | 0005| employees of that policymaking body and collective bargaining | 0006| sessions at which the policymaking body and the representatives of | 0007| the collective bargaining unit are present; | 0008| (6) that portion of meetings at which a decision | 0009| concerning purchases in an amount exceeding two thousand five | 0010| hundred dollars ($2,500) that can be made only from one source and | 0011| that portion of meetings at which the contents of competitive | 0012| sealed proposals solicited pursuant to the Procurement Code are | 0013| discussed during the contract negotiation process. The actual | 0014| approval of purchase of the item or final action regarding the | 0015| selection of a contractor shall be made in an open meeting; | 0016| (7) meetings subject to the attorney-client | 0017| privilege pertaining to threatened or pending litigation in which | 0018| the public body is or may become a participant; | 0019| (8) meetings for the discussion of the purchase, | 0020| acquisition or disposal of real property or water rights by the | 0021| public body; [and] | 0022| (9) those portions of meetings of committees or | 0023| boards of public hospitals that receive less than fifty percent of | 0024| their operating budget from direct public funds and appropriations | 0025| where strategic and long-range business plans are discussed; and | 0001| (10) those portions of meetings of a local | 0002| authority during which proprietary information is discussed. | 0003| I. If any meeting is closed pursuant to the exclusions | 0004| contained in Subsection H of this section, the closure: | 0005| (1) if made in an open meeting, shall be | 0006| approved by a majority vote of a quorum of the policymaking body; | 0007| the authority for the closure and the subject to be discussed | 0008| shall be stated with reasonable specificity in the motion calling | 0009| for the vote on a closed meeting; the vote shall be taken in an | 0010| open meeting; and the vote of each individual member shall be | 0011| recorded in the minutes. Only those subjects announced or voted | 0012| upon prior to closure by the policymaking body may be discussed in | 0013| a closed meeting; and | 0014| (2) if called for when the policymaking body is | 0015| not in an open meeting, shall not be held until public notice, | 0016| appropriate under the circumstances, stating the specific | 0017| provision of the law authorizing the closed meeting and stating | 0018| with reasonable specificity the subject to be discussed is given | 0019| to the members and to the general public. | 0020| J. Following completion of any closed meeting, the | 0021| minutes of the open meeting that was closed or the minutes of the | 0022| next open meeting if the closed meeting was separately scheduled | 0023| shall state that the matters discussed in the closed meeting were | 0024| limited only to those specified in the motion for closure or in | 0025| the notice of the separate closed meeting. This statement shall | 0001| be approved by the public body under Subsection G of this section | 0002| as part of the minutes." | 0003| Section 13. Section 13-1-98 NMSA 1978 (being Laws 1984, | 0004| Chapter 65, Section 71, as amended) is amended to read: | 0005| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The | 0006| provisions of the Procurement Code shall not apply to: | 0007| A. procurement of items of tangible personal property | 0008| or services by a state agency or a local public body from a state | 0009| agency, a local public body or external procurement unit except as | 0010| otherwise provided in Sections 13-1-135 through 13-1-137 NMSA | 0011| 1978; | 0012| B. procurement of tangible personal property or | 0013| services for the governor's mansion and grounds; | 0014| C. printing and duplicating contracts involving | 0015| materials which are required to be filed in connection with | 0016| proceedings before administrative agencies or state or federal | 0017| courts; | 0018| D. purchases of publicly provided or publicly | 0019| regulated gas, electricity, water, sewer and refuse collection | 0020| services; | 0021| E. purchases of books and periodicals from the | 0022| publishers or copyright holders thereof; | 0023| F. travel or shipping by common carrier or by private | 0024| conveyance or to meals and lodging; | 0025| G. purchase of livestock at auction rings or to the | 0001| procurement of animals to be used for research and experimentation | 0002| or exhibit; | 0003| H. contracts with businesses for public school | 0004| transportation services; | 0005| I. procurement of tangible personal property or | 0006| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978, by | 0007| the corrections industries division of the corrections department | 0008| pursuant to regulations adopted by the corrections [industries] | 0009| commission, which shall be reviewed by the purchasing division of | 0010| the general services department prior to adoption; | 0011| J. minor purchases consisting of magazine | 0012| subscriptions, conference registration fees and other similar | 0013| purchases where prepayments are required; | 0014| K. municipalities having adopted home rule charters | 0015| and having enacted their own purchasing ordinances; | 0016| L. the issuance, sale and delivery of public | 0017| securities pursuant to the applicable authorizing statute, with | 0018| the exception of bond attorneys and general financial consultants; | 0019| M. contracts entered into by a local public body with | 0020| a private independent contractor for the operation, or provision | 0021| and operation, of a jail pursuant to Sections 33-3-26 and 33-3-27 | 0022| NMSA 1978; | 0023| N. contracts for maintenance of grounds and facilities | 0024| at highway rest stops and other employment opportunities, | 0025| excluding those intended for the direct care and support of | 0001| persons with handicaps, entered into by state agencies with | 0002| private, nonprofit, independent contractors who provide services | 0003| to persons with handicaps; | 0004| O. contracts and expenditures for services to be paid | 0005| or compensated by money or other property transferred to New | 0006| Mexico law enforcement agencies by the United States department of | 0007| justice drug enforcement administration; | 0008| P. contracts for retirement and other benefits | 0009| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; [and] | 0010| Q. contracts with professional entertainers; and | 0011| R. procurement of tangible personal property or | 0012| services by the public health facilities authority or a local | 0013| public health facilities authority pursuant to the Public Health | 0014| Facilities Authority Act." | 0015| Section 14. Section 13-6-2.1 NMSA 1978 (being Laws 1989, | 0016| Chapter 380, Section 1) is amended to read: | 0017| "13-6-2.1. LEASES--BOARD OF FINANCE APPROVAL.-- | 0018| A. Any sale, trade or lease for a period of more than | 0019| five years but less than twenty-five years in duration of real | 0020| property belonging to any state agency, local public body, school | 0021| district or state educational institution or any sale, trade or | 0022| lease of such real property for a consideration of more than | 0023| twenty-five thousand dollars ($25,000) but less than one hundred | 0024| thousand dollars ($100,000) shall not be valid unless it is ap- | 0025| | 0001| proved prior to its effective date by the state board of finance. | 0002| B. The provisions of this section shall not be | 0003| applicable as to those institutions specifically enumerated in | 0004| Article 12, Section 11 of the constitution of New Mexico, the | 0005| state land office [or], the state highway commission or the public | 0006| health facilities authority or a local public health facilities | 0007| authority created pursuant to the provisions of the Public Health | 0008| Facilities Authority Act." | 0009| Section 15. Section 14-2-6 NMSA 1978 (being Laws 1993, | 0010| Chapter 258, Section 3) is amended to read: | 0011| "14-2-6. DEFINITIONS.--As used in the Inspection of Public | 0012| Records Act: | 0013| A. "custodian" means any person responsible for the | 0014| maintenance, care or keeping of a public body's public records, | 0015| regardless of whether the records are in that person's actual | 0016| physical custody and control; | 0017| B. "inspect" means to review all public records that | 0018| are not excluded in Section 14-2-1 NMSA 1978; | 0019| C. "person" means any individual, corporation, | 0020| partnership, firm, association or entity; | 0021| D. "public body" means the executive, legislative and | 0022| judicial branches of state and local governments and all advisory | 0023| boards, commissions, committees, agencies or entities created by | 0024| the constitution or any branch of government that receives any | 0025| public funding, including political subdivisions, special taxing | 0001| districts, school districts and institutions of higher education; | 0002| and | 0003| E. "public records" means all documents, papers, | 0004| letters, books, maps, tapes, photographs, recordings and other | 0005| materials, regardless of physical form or characteristics, that | 0006| are used, created, received, maintained or held by or on behalf of | 0007| any public body and relate to public business, whether or not the | 0008| records are required by law to be created or maintained." | 0009| Section 16. SEVERABILITY. If any part or application of | 0010| the Public Health Facilities Authority Act is held invalid, the | 0011| remainder or its application to other situations or persons shall | 0012| not be affected. | 0013| Section 17. EFFECTIVE DATE.--The effective date of the | 0014| provisions of this act is July 1, 1997. | 0015|  |