0001| SENATE BILL 748
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| LEONARD LEE RAWSON
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO STATE AGENCIES; CREATING THE STATE LIBRARY AND
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0012| ARCHIVES DIVISION OF THE OFFICE OF CULTURAL AFFAIRS; CREATING
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0013| THE STATE LIBRARY AND ARCHIVES COMMISSION; CREATING THE PUBLIC
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0014| RECORDS COMMITTEE; PROVIDING POWERS AND DUTIES; MERGING THE
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0015| LIBRARY DIVISION AND THE RECORDS CENTER; PROVIDING FOR
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0016| TRANSFERS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE
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0017| NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 9-6-9 NMSA 1978 (being Laws 1980,
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0021| Chapter 151, Section 54, as amended) is amended to read:
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0022| "9-6-9. CREATION OF OFFICE.--The "office of cultural
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0023| affairs" is created. The office [shall consist] consists
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0024| of such divisions as are created by law or executive order,
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0025| including but not limited to:
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0001| A. the administrative services division;
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0002| B. the arts division;
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0003| C. the state library and archives division;
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0004| D. the museum division;
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0005| E. the space center division;
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0006| F. the New Mexico farm and ranch heritage museum
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0007| division;
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0008| G. the historic preservation division;
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0009| H. the natural history and science museum division;
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0010| and
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0011| I. the Hispanic cultural division."
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0012| Section 2. [NEW MATERIAL] SHORT TITLE.--Sections 2
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0013| through 8 of this act may be cited as the "State Library and
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0014| Archives Division Act".
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0015| Section 3. [NEW MATERIAL] PURPOSE.--The purpose of the
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0016| State Library and Archives Division Act is to consolidate the
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0017| library division of the office of cultural affairs and the
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0018| records center functions into one division of the office of
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0019| cultural affairs so that the state's records, archives and
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0020| library services can be provided through one central agency.
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0021| Section 4. [NEW MATERIAL] DEFINITIONS.--As used in the
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0022| State Library and Archives Division Act:
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0023| A. "commission" means the state library and
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0024| archives commission;
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0025| B. "director" means the director of the division;
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0001| C. "division" means the state library and archives
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0002| division of the office of cultural affairs; and
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0003| D. "public records" means all books, papers, maps,
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0004| photographs or other documentary materials, regardless of
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0005| physical form or characteristics, made or received by any
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0006| agency in pursuance of law or in connection with the
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0007| transaction of public business and preserved, or appropriate
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0008| for preservation, by the agency or its legitimate successor as
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0009| evidence of the organization, functions, policies, decisions,
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0010| procedures, operations or other activities of the government or
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0011| because of the informational and historical value of the
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0012| material. Library or museum material of the state library,
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0013| state institutions and state museums, extra copies of documents
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0014| preserved only for convenience of reference and stocks of
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0015| publications and processed documents are not included.
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0016| Section 5. [NEW MATERIAL] COMMISSION CREATED--MEMBERS-
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0017| -TERMS--MEETINGS.--
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0018| A. The "state library and archives commission" is
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0019| created, consisting of seven members as follows:
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0020| (1) the attorney general or his designee;
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0021| (2) the supreme court law librarian or his
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0022| designee;
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0023| (3) the secretary of state or his designee;
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0024| and
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0025| (4) four public members appointed by the
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0001| governor to represent library interests and who have knowledge
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0002| of library issues and operations.
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0003| B. The initial public members shall be the public
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0004| members serving on the commission on the effective date of the
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0005| State Library and Archives Division Act, and their initial
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0006| terms on the commission shall be the same as what would be the
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0007| remainder of their terms on the state library commission.
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0008| Thereafter, as each public member's term expires, new public
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0009| members shall be appointed for terms of five years.
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0010| C. In making appointments of public members, due
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0011| consideration shall be given to geographic representation of
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0012| the members.
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0013| D. Vacancies on the commission shall be filled by
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0014| the original appointing authority for the remainder of the term
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0015| of the vacating member.
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0016| E. Members who are not employees of the state may
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0017| be reimbursed for per diem and travel expenses as provided in
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0018| the Per Diem and Mileage Act.
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0019| F. The commission shall elect annually a chairman,
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0020| vice chairman and such other officers as it deems necessary.
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0021| G. The designation of an alternate to serve on
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0022| behalf of an ex-officio member shall be done in writing and
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0023| filed with the director, subject to the condition that the
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0024| alternate appointed is the same one appointed under the
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0025| provisions of Section 14-3-3 NMSA 1978.
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0001| H. The commission shall meet not less than four
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0002| times a year and may meet as often as necessary to carry out
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0003| its duties. A majority of the commission constitutes a quorum
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0004| for the transaction of business.
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0005| I. The director and deputy director shall serve as
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0006| staff to the commission.
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0007| Section 6. [NEW MATERIAL] COMMISSION--POWERS AND
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0008| DUTIES.--
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0009| A. The commission shall:
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0010| (1) provide to the state cultural affairs
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0011| officer a list of qualified applicants for the position of
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0012| director;
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0013| (2) provide to the director a list of
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0014| qualified applicants for the position of deputy director of the
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0015| division;
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0016| (3) establish policies for the operation of
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0017| the division, subject to the approval of the state cultural
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0018| affairs officer and to the exemptions set forth in the Public
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0019| Records Act;
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0020| (4) oversee programs under its authority,
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0021| including administration of the State Library Act, the Public
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0022| Records Act and the State Rules Act; and
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0023| (5) prepare an annual report to the governor
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0024| and the legislature on the activities and plans of the
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0025| commission and the division.
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0001| B. The commission may:
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0002| (1) appoint advisory committees to assist in
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0003| carrying out its duties; and
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0004| (2) adopt rules and regulations to carry out
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0005| its powers and duties pursuant to the State Library and
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0006| Archives Division Act.
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0007| Section 7. [NEW MATERIAL] DIVISION CREATED--DIRECTOR--
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0008| DEPUTY DIRECTOR--STAFF.--
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0009| A. The "state library and archives division" is
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0010| created as a division of the office of cultural affairs.
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0011| B. The division shall be administered by a director
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0012| appointed by the state cultural affairs officer from a list of
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0013| qualified applicants provided by the commission. The director
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0014| shall be a graduate of a library school accredited by the
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0015| American library association and shall have not less than five
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0016| years' experience in an administrative capacity. The director
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0017| shall serve as the state librarian. The director shall serve
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0018| at the pleasure of the state cultural affairs officer.
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0019| C. The director shall appoint a deputy director
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0020| from a list of qualified applicants provided by the commission.
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0021| The deputy director shall have training and experience in
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0022| archival or records management and have not less than three
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0023| years' experience in an administrative capacity. The deputy
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0024| director shall serve as the state records administrator. The
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0025| deputy director shall serve at the pleasure of the director.
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0001| D. Subject to legislative appropriation and in
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0002| accordance with the Personnel Act, the director may appoint
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0003| such other professional and clerical assistants as necessary to
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0004| carry out the duties of the division.
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0005| Section 8. [NEW MATERIAL] DIRECTOR--POWERS AND
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0006| DUTIES.--
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0007| A. Consistent with the policies adopted by the
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0008| commission and approved by the state cultural affairs officer,
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0009| the director shall:
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0010| (1) be responsible for the administration of
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0011| the division, including organizing the division to most
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0012| efficiently and effectively serve the interests of the state
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0013| and the public and the policies of the commission;
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0014| (2) serve as an ex-officio member of all
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0015| committees and other advisory groups of the division; and
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0016| (3) prepare the annual budget in consultation
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0017| with the commission and under the direction, control and
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0018| supervision of the state cultural affairs officer.
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0019| B. The director may accept gifts, grants,
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0020| donations, bequests and devices and may accept loans of or
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0021| purchase library, archival, historical and documentary
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0022| materials in the name of the state in accordance with policies
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0023| of the commission.
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0024| Section 9. A new section of the Office of Cultural
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0025| Affairs Act is enacted to read:
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0001| "[NEW MATERIAL] PUBLIC RECORDS COMMITTEE--EXEMPTIONS
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0002| FROM AUTHORITY OF STATE CULTURAL AFFAIRS OFFICER.--The powers,
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0003| duties and responsibilities of the committee relating to the
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0004| State Rules Act and the Public Records Act are explicitly
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0005| exempt from the authority of the state cultural affairs
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0006| officer. The committee has sole and exclusive authority to
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0007| determine policies relating to the Public Records Act.
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0008| Committee decisions regarding public records shall be binding
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0009| and final and are not reviewable or amendable by the director
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0010| or the state cultural affairs officer."
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0011| Section 10. Section 14-3-2 NMSA 1978 (being Laws 1959,
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0012| Chapter 245, Section 2, as amended) is amended to read:
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0013| "14-3-2. DEFINITIONS.--As used in the Public Records Act:
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0014| A. "commission" means the state library and
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0015| archives commission [of public records];
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0016| B. "administrator" means the state records
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0017| administrator;
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0018| C. "public records" means all books, papers, maps,
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0019| photographs or other documentary materials, regardless of
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0020| physical form or characteristics, made or received by any
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0021| agency in pursuance of law or in connection with the
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0022| transaction of public business and preserved, or appropriate
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0023| for preservation, by the agency or its legitimate successor as
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0024| evidence of the organization, functions, policies, decisions,
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0025| procedures, operations or other activities of the government or
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0001| because of the informational and historical value of [data
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contained therein] the material. Library or museum material
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0003| of the state library, state institutions and state museums,
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0004| extra copies of documents preserved only for convenience of
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0005| reference and stocks of publications and processed documents
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0006| are not included;
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0007| D. "agency" means any state agency, department,
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0008| bureau, board, commission, institution or other organization of
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0009| the state government, the territorial government and the
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0010| Spanish and Mexican governments in New Mexico;
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0011| E. "records center" means the central records
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0012| depository [which] that is the principal state facility for
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0013| the storage, disposal, allocation or use of noncurrent records
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0014| of agencies or materials obtained from other sources;
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0015| F. "microphotography system" means all
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0016| microphotography equipment, services and supplies; [and]
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0017| G. "microphotography" means the transfer of images
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0018| onto film and electronic imaging or other information storage
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0019| techniques that meet the performance guidelines for legal
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0020| acceptance of public records produced by information system
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0021| technologies pursuant to regulations adopted by the
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0022| commission;
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0023| H. "committee" means the public records
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0024| committee;
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0025| I. "division" means the state library and archives
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0001| division of the office of cultural affairs;
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0002| J. "director" means the director of the division;
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0003| K. "records custodian" means the statutory head of
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0004| the agency using or maintaining public records or his
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0005| designee;
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0006| L. "records liaison officer" means the person in
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0007| an agency who is responsible for authorizing the transfer,
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0008| withdrawal or destruction of public records and who acts on
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0009| behalf of the records custodian;
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0010| M. "records retention and disposition schedule"
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0011| means the inventory of a public records series that provides a
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0012| brief description of public records and lists the minimum
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0013| period the records series must be kept and the conditions that
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0014| must be met before the records series can be destroyed, if at
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0015| all;
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0016| N. "records series" means file units or documents
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0017| arranged according to a filing system or kept together because
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0018| they relate to a particular subject or function; result from
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0019| the same activity; document a specific kind of transaction;
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0020| take a particular physical form; or have some other
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0021| relationship arising out of their creation, receipt or use,
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0022| such as restrictions on access and use; and
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0023| O. "records" means information preserved by any
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0024| technique, in any medium now known or later developed, that can
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0025| be recognized by ordinary human sensory capabilities either
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0001| directly or with the aid of technology."
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0002| Section 11. Section 14-3-3 NMSA 1978 (being Laws 1959,
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0003| Chapter 245, Section 3, as amended) is amended to read:
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0004| "14-3-3. [STATE COMMISSION OF] PUBLIC RECORDS
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0005| COMMITTEE--CREATION.--
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0006| A. A "[state commission of] public records
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0007| committee" is established consisting of:
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0008| (1) the secretary of state;
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0009| (2) the secretary of general services;
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0010| (3) the [state law] librarian of the
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0011| supreme court law library;
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0012| (4) the director of the museum [of New
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Mexico] division of the office of cultural affairs;
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0014| (5) the state auditor;
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0015| (6) the attorney general; and
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0016| (7) a recognized, professionally trained
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0017| historian in the field of New Mexico history, resident in New
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0018| Mexico, appointed by the governor for a term of six years.
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0019| Each member of the [commission] committee may designate an
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0020| alternate to serve in his stead.
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0021| B. The [commission] committee shall elect one
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0022| of its members to be chairman and another to be secretary. The
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0023| members of the [commission] committee shall serve without
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0024| compensation other than actual expenses of attending meetings
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0025| of the [commission] committee or while in performance of
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0001| their official duties in connection with the business of the
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0002| [commission] committee.
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0003| C. The [commission] committee shall hold not
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0004| less than four meetings during each calendar year and may hold
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0005| special meetings as may be necessary to transact business of
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0006| the [commission] committee. All meetings shall be called
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0007| by the chairman or when requested in writing by any two members
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0008| of the [commission] committee. Four members of the
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0009| [commission] committee shall constitute a quorum.
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0010| D. The administrator shall attend all meetings of
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0011| the [commission] committee."
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0012| Section 12. Section 14-3-4 NMSA 1978 (being Laws 1959,
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0013| Chapter 245, Section 4) is amended to read:
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0014| "14-3-4. DUTIES AND POWERS OF [COMMISSION] COMMITTEE--
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0015| SOLE AUTHORITY.--[It shall be the duty of the commission to:
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A. employ as state records administrator a
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competent, experienced person professionally trained as an
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archivist and records manager who shall serve at the pleasure
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of the commission. He need not be a resident of New Mexico at
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the time of his employment. His salary shall be fixed by the
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commission;
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B. approve the biennial budget covering costs of
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the operations set forth in this act, as prepared by the
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administrator for presentation to the state legislature;]
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0025| The committee shall:
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0001| [C.] A. decide, by majority vote, any
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0002| disagreements between the administrator and [any state
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officer] a records custodian regarding the disposition of
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0004| records; [within the custody of said officer, such decisions
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to have the effect of law;
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D. consider the recommendations of the
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administrator for the destruction of specifically reported
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records, and by unanimous vote either order or forbid such
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destruction;
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E. approve in writing, or reject, the written terms
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and conditions of each proposed loan of documentary material to
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the records center, as agreed upon by the lender and the
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administrator;
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B. adopt or reject records retention and
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disposition schedules recommended by the administrator;
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[F.] C. adopt and publish rules and regulations
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0017| to carry out the purposes of the Public Records Act; and
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0018| [G.] D. request any agency to designate a
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0019| records liaison officer to cooperate with, assist and advise
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0020| the administrator in the performance of his duties and to
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0021| provide such other assistance and data as will enable the
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0022| [commission] committee and administrator properly to carry
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0023| out the purposes of the Public Records Act [and
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H. prepare an annual report to the governor on the
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operations conducted under the terms of this act during the
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previous year, including a complete fiscal report on costs and
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effected savings, and cause same to be published]."
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0003| Section 13. A new section of the Public Records Act is
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0004| enacted to read:
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0005| "[NEW MATERIAL] COMMITTEE--EXEMPTIONS FROM AUTHORITY OR
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0006| STATE CULTURAL AFFAIRS OFFICER.--The powers, duties and
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0007| responsibilities of the committee relating to the Public
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0008| Records Act are explicitly exempt from the authority of the
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0009| commission and the state cultural affairs officer. The
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0010| committee has sole and exclusive authority to determine
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0011| policies relating to the Public Records Act. Committee
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0012| decisions regarding public records shall be binding and final
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0013| and are not reviewable or amendable by the director, the
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0014| commission or the state cultural affairs officer."
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0015| Section 14. Section 14-3-5 NMSA 1978 (being Laws 1959,
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0016| Chapter 245, Section 5) is amended to read:
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0017| "14-3-5. GIFTS, DONATIONS AND LOANS.--
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0018| A. The [commission] committee may receive
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0019| from private sources financial or other donations to assist in
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0020| building, enlarging, maintaining or equipping a records center
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0021| or for the acquisition by purchase of documentary material, in
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0022| accordance with plans made and agreed upon by the
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0023| [commission] committee and the administrator. [Funds thus
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received shall be administered by the commission separately
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from funds supplied by the state for the execution of this act,
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but shall be audited by the state. Such funds shall not be
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subject to reversion to the general fund if unexpended at the
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close of the fiscal year.] Although all material acquired by
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0004| expenditure of [such] donated funds and all [such] donated
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0005| material shall become the unqualified and unrestricted property
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0006| of the state, permanent public acknowledgment of the names of
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0007| the donors may in each case be made in an appropriate manner.
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0008| B. The [commission] committee may receive
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0009| either as donations or loans from private sources, other state
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0010| agencies, counties, municipalities, the federal government and
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0011| other states or countries documentary materials of any physical
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0012| form or characteristics [which] that are deemed to be of
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0013| value to the state and the general public for historical
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0014| reference or research purposes. Acceptance of both donations
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0015| and loans shall be [at the discretion of the commission upon
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advice] in accordance with policies of the [administrator]
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0017| committee. Accepted donations shall become, without
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0018| qualification or restriction, the property of the state [of
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New Mexico]. Loans shall be accepted only after a written
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0020| agreement covering all terms and conditions of each loan
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0021| [shall have] has been signed by the lender and the
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0022| [administrator and approved by the commission] director."
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0023| Section 15. Section 14-3-6 NMSA 1978 (being Laws 1959,
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0024| Chapter 245, Section 6, as amended) is amended to read:
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0025| "14-3-6. ADMINISTRATOR--DUTIES.--
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0001| A. The administrator is the official custodian
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0002| and trustee for the state of all public records and archives of
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0003| whatever kind [which] that are transferred to him from any
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0004| public office of the state or from any other source. He shall
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0005| have overall administrative responsibility for carrying out the
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0006| purposes of the Public Records Act [and may employ necessary
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personnel, purchase equipment and provide facilities as may be
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required in the execution of the powers conferred and duties
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imposed upon him]. He shall keep the [commission]
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0010| committee advised throughout the year of operations conducted
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0011| and future operations projected, and shall report annually to
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0012| the [commission] committee which records have been
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0013| destroyed, transferred or otherwise processed during the year.
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0014| B. The administrator shall establish a records
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0015| management program for the application of efficient and
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0016| economical management methods to the creation, utilization,
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0017| maintenance, retention, preservation and disposal of
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0018| [official] public records.
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0019| C. [It shall be the duty of] The administrator
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0020| [in cooperation with and with the approval of the general
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services department, to] shall establish standards,
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0022| procedures and techniques for effective management of public
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0023| records; [to] make continuing surveys of paperwork
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0024| operations; and [to] recommend improvements in current
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0025| records management practices, including the use of space,
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0001| equipment and supplies employed in creating, maintaining and
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0002| servicing records.
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0003| D. [It shall be the duty of the head of] Each
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0004| [state] agency [to] shall cooperate with the admin-
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0005|
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0006| istrator in conducting surveys and [to establish and
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maintain] in establishing and maintaining an active,
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0008| continuing program for the economical and efficient management
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0009| of the agency's records. E. The administrator shall
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0010| [establish] develop records [disposal] retention and
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0011| disposition schedules for the orderly retirement of records
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0012| [and adopt regulations necessary for the carrying out of the
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Public Records Act]. Records [disposal] retention and
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0014| disposition schedules shall be filed [with the librarian of
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the supreme court library] in accordance with the State Rules
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0016| Act and shall not become effective until thirty days after the
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0017| date of filing. Records so scheduled may be transferred to the
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0018| records center at regular intervals, in accordance with the
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0019| regulations of the [administrator] committee."
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0020| Section 16. Section 14-3-7 NMSA 1978 (being Laws 1959,
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0021| Chapter 245, Section 7) is amended to read:
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0022| "14-3-7. INSPECTION AND SURVEY OF PUBLIC RECORDS.--The
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0023| administrator [is authorized to] may inspect or survey the
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0024| public records of any agency and [to] make surveys of
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0025| records management and records [disposal] retention and
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0001| disposition practices in the various agencies, and he shall be
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0002| given the full cooperation of [officials and employees]
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0003| records custodians of the agencies in such inspections and
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0004| surveys. Records, the use of which is restricted by or
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0005| pursuant to law or for reasons of security or the public
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0006| interest, may be inspected or surveyed by the administrator,
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0007| subject to the same restrictions imposed upon employees of the
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0008| agency holding the public records."
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0009| Section 17. Section 14-3-8 NMSA 1978 (being Laws 1959,
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0010| Chapter 245, Section 8) is amended to read:
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0011| "14-3-8. RECORDS CENTER.--
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0012| A. [A] The "records center" is [established
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in Santa Fe under the supervision and control of the
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administrator] created in the division. The records center
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0015| shall be located at the state capital. The administrator shall
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0016| direct the operations of the records center pursuant to
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0017| policies and procedures adopted by the committee.
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0018| B. The records center [in accordance with the
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regulations established by the administrator and the
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commission, shall be] is the facility for the receipt,
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0021| storage or disposition of all inactive and infrequently used
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0022| records of present or former state agencies or former
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0023| territorial agencies [which at or after the effective date of
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this act] that may be in custody of any [state] agency or
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0025| instrumentality and [which] that are not required by law to
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0001| be kept elsewhere or [which] that are not ordered destroyed
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0002| by the [commission] committee.
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0003| C. Records [required to be] that are
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0004| confidential by law and [which] that are stored in the
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0005| records center shall be available promptly when called for by
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0006| the originating agency, but shall not be made available for
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0007| public inspection except as provided by law. All other records
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0008| retained by the records center shall be open to the
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0009| inspection of the general public, subject to reasonable rules
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0010| and regulations [prescribed by the administrator] adopted
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0011| pursuant to the Public Records Act. Facilities for the use of
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0012| these records in research by the public shall be provided in
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0013| the records center."
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0014| Section 18. Section 14-3-9 NMSA 1978 (being Laws 1959,
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0015| Chapter 245, Section 9) is amended to read:
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0016| "14-3-9. DISPOSITION OF PUBLIC RECORDS.--
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0017| A. Upon completion of an inspection or survey of
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0018| the public records of any agency by the administrator, or at
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0019| the request of the [commission] committee or the [head of
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any agency] records custodian, the administrator, attorney
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0021| general and the [agency official in charge of the records of
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that agency] records custodian shall together make a
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0023| determination as to whether:
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0024| (1) the public records shall be retained in
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0025| the custody of the agency;
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0001| (2) the public records shall be transferred
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0002| to the records center; or
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0003| [(3) a recommendation for destruction of the
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records shall be made to the commission.]
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0005| (3) the public records shall be destroyed
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0006| pursuant to the records retention and disposition schedule.
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0007| B. If it is determined that the public records
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0008| are to be retained in the custody of the agency, no further
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0009| action shall be taken.
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0010| C. If it is determined that the records are to be
|
0011| transferred to the records center, they shall be transferred
|
0012| within a reasonable time [so transferred]. A list of the
|
0013| transferred public records [so transferred] shall be
|
0014| retained in the files of the agency from which the public
|
0015| records were transferred.
|
0016| [Public records in the custody of the administrator may
|
be transferred or destroyed only upon order of the
|
commission.]"
|
0019| Section 19. Section 14-3-10 NMSA 1978 (being Laws 1959,
|
0020| Chapter 245, Section 10) is amended to read:
|
0021| "14-3-10. DISAGREEMENT AS TO VALUE OF RECORDS.--In the
|
0022| event the attorney general and the administrator determine that
|
0023| any records in the custody of a [public officer] records
|
0024| custodian, including the administrator, are of no legal,
|
0025| administrative or historical value, but the [public officer
|
having custody of the records or from whose office the records
|
originated] records custodian fails to agree with such
|
0003| determination or refuses to dispose of the records, the
|
0004| attorney general and the administrator may request the [state
|
commission of public records] committee to make its
|
0006| determination as to whether the records should be disposed of
|
0007| in the interests of conservation of space, economy or safety."
|
0008| Section 20. Section 14-3-11 NMSA 1978 (being Laws 1959,
|
0009| Chapter 245, Section 11, as amended) is amended to read:
|
0010| "14-3-11. DESTRUCTION OF RECORDS.--
|
0011| A. [If it is determined by] On recommendation
|
0012| of the administrator, attorney general and [agency head that
|
destruction of records will be recommended, the administrator
|
shall have prepared a list of records, together with a brief
|
description of their nature, and shall place upon the agenda of
|
the next meeting of the commission the matter of destruction of
|
the] records custodian, the committee shall adopt record
|
0018| retention and disposition schedules for the agency, and the
|
0019| records of the agency shall be destroyed in accordance with the
|
0020| adopted retention and disposition schedule. The records may
|
0021| be stored in the records center awaiting [decision of the
|
commission.
|
The commission's decision with reference to destruction of
|
the records] destruction.
|
0025| B. Any records proposed for destruction other than
|
0001| in accordance with an approved records retention and
|
0002| disposition schedule shall be reported by the administrator to
|
0003| the committee for review. If the committee determines that a
|
0004| record shall be destroyed, that decision shall be entered [on
|
its] into the committee's minutes, together with [the date
|
of its order to destroy the records and] a general description
|
0007| of the records [which it orders] to be destroyed. [A copy
|
of the commission's order shall be filed with the librarian of
|
the supreme court library.]
|
0010| C. No public records shall be destroyed if the
|
0011| law or the committee prohibits their destruction."
|
0012| Section 21. Section 14-3-12 NMSA 1978 (being Laws 1959,
|
0013| Chapter 245, Section 12) is amended to read:
|
0014| "14-3-12. TRANSFER OF RECORDS UPON TERMINATION OF
|
0015| [STATE] AGENCIES.--
|
0016| A. All public records of [any] an agency,
|
0017| upon the termination of the existence and functions of that
|
0018| agency, shall be checked by the administrator and the attorney
|
0019| general and either transferred to the custody of another agency
|
0020| having a use for the records or to the custody of the
|
0021| administrator at the records center in accordance with the
|
0022| procedure of the Public Records Act.
|
0023| B. When an agency is terminated or reduced by the
|
0024| transfer of its powers and duties to another agency or to other
|
0025| agencies, its appropriate public records shall pass with the
|
0001| powers and duties so transferred."
|
0002| Section 22. Section 14-3-15 NMSA 1978 (being Laws 1959,
|
0003| Chapter 245, Section 15, as amended) is amended to read:
|
0004| "14-3-15. REPRODUCTION ON FILM--EVIDENCE--REVIEW,
|
0005| INVENTORY AND APPROVAL OF SYSTEMS.--
|
0006| A. Any public officer of the state or of any
|
0007| district or political subdivision may cause any public records,
|
0008| papers or documents kept by him to be photographed,
|
0009| microphotographed or reproduced on film.
|
0010| B. The [state records] administrator shall review
|
0011| any proposed [state] agency microphotography system and shall
|
0012| advise and consult with the agency. The administrator has the
|
0013| authority to approve or disapprove the system of any [state]
|
0014| agency.
|
0015| C. The microphotography system used pursuant to
|
0016| this section shall comply with the minimum standards approved
|
0017| by the [New Mexico commission of public records] committee.
|
0018| The microphotography system used to reproduce such records on
|
0019| film shall be one [which] that accurately reproduces the
|
0020| original in all details.
|
0021| D. The administrator shall establish and maintain
|
0022| an inventory of all microfilm equipment owned or leased by
|
0023| [state] agencies. The administrator [is authorized to]
|
0024| may arrange the transfer of microphotography equipment from
|
0025| [a state] an agency [which] that does not use it, and
|
0001| [which] that has released it, to [a state] an agency
|
0002| needing [such] the equipment for a current microphotography
|
0003| system.
|
0004| E. Photographs, microphotographs or photographic
|
0005| film made pursuant to this section shall be deemed to be
|
0006| original records for all purposes, including introduction in
|
0007| evidence in all courts and administrative agencies. A
|
0008| transcript, exemplification or certified copy, for all
|
0009| purposes, shall be deemed to be a transcript, exemplification
|
0010| or certified copy of the original.
|
0011| F. Whenever such photographs, microphotographs or
|
0012| reproductions on film are properly certified and are placed in
|
0013| conveniently accessible files and provisions are made for
|
0014| preserving, examining and using them, any public officer may
|
0015| cause the original records from which the photographs or
|
0016| microphotographs have been made, or any part thereof, to be
|
0017| disposed of according to methods prescribed by Sections [71-6-
|
9 through 71-6-11 NMSA 1953] 14-3-9 through 14-3-11 NMSA
|
0019| 1978. Copies shall be certified by their custodian as true
|
0020| copies of the originals before the originals are destroyed or
|
0021| lost, and the certified copies shall have the same effect as
|
0022| the originals. Copies of public records transferred from the
|
0023| office of origin to the administrator, when certified by the
|
0024| administrator or his [deputy] designee, shall have the same
|
0025| legal effect as if certified by the original custodian of the
|
0001| records.
|
0002| G. For the purposes of this section, "[state]
|
0003| agency" [shall include] includes the district courts."
|
0004| Section 23. Section 14-3-15.1 NMSA 1978 (being Laws 1986,
|
0005| Chapter 81, Section 9, as amended) is amended to read:
|
0006| "14-3-15.1 RECORDS OF [STATE] AGENCIES--PUBLIC RECORDS-
|
0007| -COPY FEES--COMPUTER DATABASES--CRIMINAL PENALTY.--
|
0008| A. Except as otherwise provided by federal or state
|
0009| law, information contained in information systems databases
|
0010| shall be a public record and shall be subject to disclosure in
|
0011| printed or typed format by the [state] agency that has
|
0012| inserted that information into the database, in accordance with
|
0013| the Public Records Act, upon the payment of a reasonable fee
|
0014| for the service.
|
0015| B. The administrator shall recommend to the
|
0016| [commission] committee the procedures, schedules and
|
0017| technical standards for the retention of computer databases.
|
0018| C. The [state] agency that has inserted data in a
|
0019| database may authorize a copy to be made of a computer tape or
|
0020| other medium containing a computerized database of a public
|
0021| record for any person if the person agrees:
|
0022| (1) not to make unauthorized copies of the
|
0023| database;
|
0024| (2) not to use the database for any political
|
0025| or commercial purpose unless the purpose and use is approved in
|
0001| writing by the [state] agency that created the database;
|
0002| (3) not to use the database for solicitation
|
0003| or advertisement when the database contains the name, address
|
0004| or telephone number of any person unless such use is otherwise
|
0005| specifically authorized by law;
|
0006| (4) not to allow access to the database by any
|
0007| other person unless the use is approved in writing by the
|
0008| [state] agency that created the database; and
|
0009| (5) to pay a royalty or other consideration to
|
0010| the state as may be agreed upon by the [state] agency that
|
0011| created the database.
|
0012| D. If more than one [state] agency is responsible
|
0013| for the information inserted in the database, the agencies
|
0014| shall enter into an agreement designating a lead agency. If
|
0015| the agencies cannot agree as to the designation of a lead
|
0016| [state] agency, the [commission] committee shall
|
0017| designate one of the [state] agencies as the lead agency to
|
0018| carry out the responsibilities set forth in this section.
|
0019| E. Subject to any confidentiality provisions of
|
0020| law, [any state] an agency may permit another [state]
|
0021| agency access to all or any portion of a computerized database
|
0022| created by [a state] the agency.
|
0023| F. If information contained in a database is
|
0024| searched, manipulated or retrieved or a copy of the database is
|
0025| made for any private or nonpublic use, a fee shall be charged
|
0001| by the [state] agency permitting access or use of the
|
0002| database.
|
0003| G. Except as authorized by law or rule of the
|
0004| [commission] committee, any person who reveals to any
|
0005| unauthorized person information contained in a computer
|
0006| database or who uses or permits the unauthorized use or access
|
0007| of any computer database is guilty of a misdemeanor, and upon
|
0008| conviction the court shall sentence that person to jail for a
|
0009| definite term not to exceed one year or to payment of a fine
|
0010| not to exceed five thousand dollars ($5,000) or both. That
|
0011| person shall not be employed by the state for a period of five
|
0012| years after the date of conviction."
|
0013| Section 24. Section 14-3-15.2 NMSA 1978 (being Laws 1995,
|
0014| Chapter 27, Section 1) is amended to read:
|
0015| "14-3-15.2. ELECTRONIC AUTHENTICATION--SUBSTITUTION FOR
|
0016| SIGNATURE.--Whenever there is a requirement for a signature on any
|
0017| document, electronic authentication that meets the standards
|
0018| promulgated by the [commission] committee may be substituted."
|
0019| Section 25. Section 14-3-19 NMSA 1978 (being Laws 1968,
|
0020| Chapter 14, Section 1) is amended to read:
|
0021| "14-3-19. STORAGE EQUIPMENT, SUPPLIES AND MATERIALS--
|
0022| MICROFILM SERVICES AND SUPPLIES--PURCHASE [BY STATE RECORDS
|
COMMISSION] FOR RESALE.--
|
0024| A. The "records center revolving fund" is created in
|
0025| the state treasury. The fund consists of all receipts from the
|
0001| sale of equipment, supplies, materials and services provided for
|
0002| in Subsection C of this section and interest earned on investment
|
0003| of the fund. Money in the fund shall not revert at the end of any
|
0004| fiscal year.
|
0005| B. Money in the fund is appropriated to the division
|
0006| to carry out the provisions of this section. Expenditures from
|
0007| the fund shall be made upon vouchers submitted to the department
|
0008| of finance and administration by the director or his authorized
|
0009| representative and by warrants signed by the secretary of finance
|
0010| and administration.
|
0011| C. The [state records commission] division may
|
0012| purchase for resale such storage boxes, forms, microfilm supplies
|
0013| necessary to the providing of microfilm services and other
|
0014| supplies and materials as [in its judgment are] necessary to
|
0015| facilitate [the various aspects of] its programs. The
|
0016| [commission] division may sell such items and services at
|
0017| [a] cost plus a five percent handling charge. [All receipts
|
from such sales shall go into the special revolving fund
|
established by Laws 1961, Chapter 111, which is hereby continued.
|
In addition to any moneys in the special revolving fund, there is
|
hereby appropriated the sum of five hundred dollars ($500).]"
|
0022| Section 26. Section 14-3-21 NMSA 1978 (being Laws 1965,
|
0023| Chapter 154, Section 1) is amended to read:
|
0024| "14-3-21. STATE PUBLICATIONS--RULES--REPORTS--
|
0025| UNIFORMITY.-- A. The [state records]
|
0001| administrator shall develop and recommend to the [state
|
commission of public records] committee uniform standards of
|
0003| style and format for the following:
|
0004| [A.] (1) manuals of procedure prepared and
|
0005| published by [state] agencies for the guidance of public
|
0006| officers and employees engaged in operations required for the
|
0007| efficient operation of state and local government, including [but
|
not limited to] acquiring space, budgeting, accounting,
|
0009| purchasing, contracting, vouchering, printing, appointment and
|
0010| dismissal of employees and record maintenance;
|
0011| [B.] (2) manuals of procedures prepared and
|
0012| published by [state] agencies for the guidance of their own
|
0013| employees and for their own operations;
|
0014| [C.] (3) official rules and regulations and
|
0015| reprints of laws published by [state] agencies, excluding
|
0016| session laws published by the secretary of state; and
|
0017| [D.] (4) official reports of [state]
|
0018| agencies required by law, excluding the budget document presented
|
0019| to the legislature.
|
0020| B. The [state commission of public records]
|
0021| committee, after consultation with the affected agencies [and
|
with the approval of the governor], shall adopt and promulgate
|
0023| uniform standards of style and format for the [above]
|
0024| publications set forth in this section and a schedule of dis-
|
0025|
|
0001| tribution for each class of publication, which shall be binding
|
0002| upon all [state] agencies. "Agencies" means, for the purposes
|
0003| of this section, all state departments, bureaus, commissions,
|
0004| committees, institutions and boards, except those agencies of the
|
0005| legislative and judicial branches and those educational
|
0006| institutions listed in Article 12, Section 11 of the [New
|
Mexico] constitution of New Mexico."
|
0008| Section 27. Section 14-3-22 NMSA 1978 (being Laws 1977,
|
0009| Chapter 209, Section 1, as amended) is amended to read:
|
0010| "14-3-22. PUBLIC POLICY ON CERTAIN PUBLICATIONS--[STATE
|
COMMISSION OF PUBLIC RECORDS] COMMITTEE DUTIES.--
|
0012| A. It is the intent of the legislature and the public
|
0013| policy of this state to reduce unnecessary expense to the
|
0014| taxpayers of this state in connection with publications of
|
0015| [state] agencies designed primarily for the purpose of reporting
|
0016| to or the informing of the governor, the legislature, other
|
0017| [state] agencies or the political subdivisions of this state.
|
0018| B. The [state commission of public records]
|
0019| committee shall develop and adopt regulations [which] that
|
0020| shall be binding upon all [state] agencies. The regulations
|
0021| shall provide for uniform standards for those publications set
|
0022| forth in Subsection A of this section and shall include [but be
|
not limited to]:
|
0024| (1) a standard size format to accommodate paper
|
0025| of the most economical type available;
|
0001| (2) prohibiting the use of expensive covers,
|
0002| binders and fasteners;
|
0003| (3) prohibiting the use of photographs, art work
|
0004| and design, unless absolutely necessary for clarification of the
|
0005| report;
|
0006| (4) limiting the use of color stock paper, where
|
0007| [such] color stock would be more expensive than the use of white
|
0008| paper; and
|
0009| (5) requiring offset or mimeograph or other means
|
0010| of duplication when it cannot be demonstrated that printing of
|
0011| such publication would be equal to or less than the cost of
|
0012| offset, mimeograph or other means of duplication.
|
0013| C. The [state commission of public records]
|
0014| committee shall maintain constant and continuing supervision of
|
0015| such publications by [state] agencies and shall report
|
0016| persistent violations of the regulations made pursuant to this
|
0017| [act] section to the [secretary of general services]
|
0018| attorney general."
|
0019| Section 28. Section 14-3-23 NMSA 1978 (being Laws 1965,
|
0020| Chapter 154, Section 3) is amended to read:
|
0021| "14-3-23. MANUALS OF PROCEDURE--PREPARATION--REVIEW
|
0022| --PUBLICATION.--Each [state] agency [which] that has an
|
0023| official duty to establish methods and procedures involved in the
|
0024| internal structure and operation of state government, including
|
0025| [but not limited to] acquiring space, budgeting, accounting,
|
0001| purchasing, contracting, vouchering, printing, appointment and
|
0002| dismissal of employees and record-keeping, shall prepare, within
|
0003| the means provided by current operating budgets, manuals of pro-
|
0004|
|
0005| cedure for the guidance of public officers and employees engaged
|
0006| in such work. [Such manual or] The manuals shall be reviewed
|
0007| and ordered published by the [state records] administrator
|
0008| [and] in accordance with uniform standards of style and format
|
0009| promulgated by the [state commission of public records]
|
0010| committee."
|
0011| Section 29. Section 14-4-3 NMSA 1978 (being Laws 1967,
|
0012| Chapter 275, Section 3, as amended) is amended to read:
|
0013| "14-4-3. FORMAT OF RULES--FILING--DISTRIBUTION.--Each
|
0014| agency promulgating [any] a rule shall place the rule in the
|
0015| format and style required by rule of the [records center]
|
0016| public records committee and shall deliver one original paper
|
0017| copy and one electronic copy to the records center. The records
|
0018| center shall note thereon the date and hour of filing. The
|
0019| records center shall maintain the original copy as a permanent
|
0020| record open to public inspection during office hours and shall
|
0021| have the rule published in a timely manner in the New Mexico
|
0022| register and compiled into the New Mexico Administrative Code. At
|
0023| the time of filing, an agency may submit to the records center an
|
0024| additional paper copy to be returned to the agency, for
|
0025| annotation with the date and hour of filing [to be returned to
|
the agency]."
|
0002| Section 30. Section 14-4-7.1 NMSA 1978 (being Laws 1989,
|
0003| Chapter 38, Section 1, as amended) is amended to read:
|
0004| "14-4-7.1. NEW MEXICO REGISTER.--
|
0005| A. The state records administrator shall provide for
|
0006| publication of a New Mexico register at least twice a month. The
|
0007| New Mexico register shall be published in such a way as to
|
0008| minimize the cost to the state. To accomplish this, the state
|
0009| records administrator is authorized to provide for charges for
|
0010| subscriptions and for publication of notice and other items,
|
0011| including advertising, in the register.
|
0012| B. The New Mexico register shall be the official
|
0013| publication for all notices of rule makings and filings of adopted
|
0014| rules, including emergency rules, by agencies. [(1)] The
|
0015| register shall include the full text of any adopted rules,
|
0016| including emergency rules. Proposed rules may be published in
|
0017| full or in part at the discretion of the issuing agency. [(2)]
|
0018| Upon request of an issuing agency, the state records administrator
|
0019| may determine that publication in the register of the full text of
|
0020| an adopted rule would be unduly cumbersome, expensive or otherwise
|
0021| inexpedient and may publish instead a synopsis of the adopted rule
|
0022| and a statement that a copy of the rule is available from the
|
0023| issuing agency.
|
0024| C. The New Mexico register shall be available by
|
0025| subscription and single copy purchase to any person, including
|
0001| agencies of the executive, judicial and legislative branches of
|
0002| state government and its political subdivisions, at a reasonable
|
0003| charge approved by the state records administrator. The
|
0004| administrator may authorize distribution of a certain number of
|
0005| copies of the register without charge to agencies or political
|
0006| subdivisions as deemed economically feasible and appropriate.
|
0007| D. The New Mexico register may include a summary or
|
0008| the text of any governor's executive order; a summary, listing or
|
0009| the text of any attorney general's opinion; a calendar listing the
|
0010| date, time and place of all or selected agency rule-making
|
0011| hearings; a list of gubernatorial appointments of state officials
|
0012| and board and commission members; or other material related to
|
0013| administrative law and practice.
|
0014| E. The state [records administrator] library and
|
0015| archives commission shall adopt and promulgate rules necessary
|
0016| for the implementation and administration of this section."
|
0017| Section 31. A new Section 18-2-3.1 NMSA 1978 is enacted to
|
0018| read:
|
0019| "18-2-3.1. [NEW MATERIAL] SHORT TITLE.--Sections 18-2-
|
0020| 3.1 through 18-2-18 NMSA 1978 may be cited as the "State Library
|
0021| Act"."
|
0022| Section 32. Section 18-2-4 NMSA 1978 (being Laws 1961,
|
0023| Chapter 126, Section 4, as amended) is amended to read:
|
0024| "18-2-4. DUTIES OF THE STATE LIBRARIAN.--The state
|
0025| librarian shall:
|
0001| [A. administer the state library;]
|
0002| A. have overall administrative responsiblity for
|
0003| carrying out the provisions of the State Library Act;
|
0004| B. administer grants-in-aid and encourage local
|
0005| library service and generally promote an effective statewide
|
0006| library system;
|
0007| C. make studies and surveys of public library needs;
|
0008| D. supply advice and information to existing libraries
|
0009| and aid in the establishment of new libraries;
|
0010| E. obtain each year, from all libraries in the state,
|
0011| reports showing the conditions, growth and development together
|
0012| with such other facts and statistics regarding them as [is]
|
0013| are of public interest;
|
0014| F. cooperate with other educational services and
|
0015| governmental agencies of the state and with library agencies of
|
0016| other states and with national library agencies;
|
0017| G. cooperate with the administrative services division
|
0018| of the office of cultural affairs in preparing the budget for
|
0019| the state library;
|
0020| H. administer the library extension service;
|
0021| [I. make rules and regulations necessary to
|
administer the division and as provided by law and to perform
|
other duties as provided by law; and
|
J.] I. establish and administer a library
|
0025| depository and distribution system for state documents and
|
0001| publications; and
|
0002| J. promote public education about available library
|
0003| services and facilitate public access to and use of public library
|
0004| services."
|
0005| Section 33. Section 18-2-5 NMSA 1978 (being Laws 1941,
|
0006| Chapter 129, Section 3, as amended) is amended to read:
|
0007| "18-2-5. STATE LIBRARY ADMINISTRATIVE AGENCY.--The state
|
0008| library and archives division of the office of cultural affairs
|
0009| is designated a state library administrative agency and is
|
0010| empowered to accept gifts or grants of any nature from federal,
|
0011| state, county, local or private agencies for the purpose of
|
0012| carrying on its work. Any grant of money so received shall be
|
0013| deposited in the state treasury to the credit of the state
|
0014| library and archives division and shall be used only for the
|
0015| purpose for which it is given or granted."
|
0016| Section 34. Section 18-2-7 NMSA 1978 (being Laws 1941,
|
0017| Chapter 129, Section 5, as amended) is amended to read:
|
0018| "18-2-7. CONSTRUCTION OF PROVISIONS OF ACT.--The provisions
|
0019| of [this] the State Library Act shall not divest any state,
|
0020| county, municipal or other governing board or agency of its
|
0021| control and supervision of any library under its jurisdiction
|
0022| except as the provisions of [this] that act apply to the
|
0023| control and management of the state library. Specifically,
|
0024| nothing [herein] in that act is intended to alter or amend the
|
0025| provisions of [Sections 4-10-1 through 4-10-20 New Mexico
|
Statutes Annotated, 1953 Compilation] Chapter 18, Article 1 NMSA
|
0002| 1978."
|
0003| Section 35. Section 18-2-7.1 NMSA 1978 (being Laws 1978,
|
0004| Chapter 140, Section 3) is amended to read:
|
0005| "18-2-7.1. DISTRIBUTION SYSTEM--LIMITATION.--The state
|
0006| library depository shall not engage in the direct distribution of
|
0007| state publications to the general public except in those cases
|
0008| where the state library and archives division does so in the
|
0009| course of operating as a library or a state extension service."
|
0010| Section 36. Section 18-2-18 NMSA 1978 (being Laws 1947,
|
0011| Chapter 91, Section 9, as amended) is amended to read:
|
0012| "18-2-18. LIST OF CERTIFICATED LIBRARIANS.--The state
|
0013| library and archives division of the office of cultural affairs
|
0014| shall issue annually a list of all persons holding [librarians']
|
0015| librarian's certificates."
|
0016| Section 37. TEMPORARY PROVISION--TRANSFERS OF FUNCTIONS,
|
0017| PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, REFERENCES AND
|
0018| OBLIGATIONS.--
|
0019| A. On the effective date of this act, functions,
|
0020| personnel, appropriations, money, records, furniture, equipment,
|
0021| supplies and other property of the library division of the office
|
0022| of cultural affairs are transferred to the state library and
|
0023| archives division of the office of cultural affairs. All
|
0024| contracts and other agreements of the library division are binding
|
0025| on the state library and archives division.
|
0001| B. On the effective date of this act, functions,
|
0002| personnel, appropriations, money, records, furniture, equipment,
|
0003| supplies and other property of the records center are transferred
|
0004| to the state library and archives division of the office of
|
0005| cultural affairs. All contracts and other agreements of the
|
0006| records center are transferred to the state library and archives
|
0007| division.
|
0008| C. References in the law to the state commission of
|
0009| public records shall be construed as references to the public
|
0010| records committee. References in the law to the New Mexico state
|
0011| library commission shall be construed as references to the state
|
0012| library and archives commission. References in the law to the
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0013| library division shall be construed as references to the state
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0014| library and archives division. References in the law to the
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0015| records center shall be construed as references to the records
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0016| center of the state library and archives division of the office of
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0017| cultural affairs.
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0018| Section 38. REPEAL.--Sections 18-2-1 through 18-2-3 and
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0019| 18-2-6 NMSA 1978 (being Laws 1941, Chapter 129, Section 1, Laws
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0020| 1977, Chapter 246, Sections 9 and 10 and Laws 1941, Chapter 129,
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0021| Section 4, as amended) are repealed.
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0022| Section 39. EFFECTIVE DATE.--The effective date of the
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0023| provisions of this act is July 1, 1997.
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0024|
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