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HOUSE BILL 139
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Kathleen Cates
AN ACT
RELATING TO PUBLIC RECORDS; AMENDING THE INSPECTION OF PUBLIC
RECORDS ACT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE
NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Inspection of
Public Records Act:
A. "access device" means a card, plate, code,
account number, personal identification number, electronic
serial number, mobile identification number or other
telecommunications service, equipment or instrument identifier
or means of account access that alone or in conjunction with
another access device may be used to:
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(1) obtain money, goods, services or another
thing of value; or
(2) initiate a transfer of funds other than a
transfer originated solely by paper instrument;
B. "adversarial administrative proceedings" means
those administrative proceedings in which the administrative
agency or institution of higher education acts as a
complainant, respondent or decision maker in an adverse
administrative proceeding, but "adversarial administrative
proceedings" does not refer to those instances in which the
administrative agency or institution acts in its own rulemaking
capacity;
C. "archival records" means public records that
were created or received by a public body more than one year
previously and excludes current records;
D. "attorney work product" means a document or
record that:
(1) was prepared by an attorney representing a
public body or prepared at such an attorney's express
direction;
(2) reflects a mental impression, conclusion,
litigation strategy or legal theory of that attorney or the
entity; and
(3) was prepared for civil or criminal
litigation, for adversarial administrative proceedings, in
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anticipation of reasonably predictable civil or criminal
litigation or adversarial administrative proceedings or for
guidance on the legal risks, strengths and weaknesses of an
action of a public body;
E. "broad and burdensome" means a request that
takes more than one hour of time to locate the public record
and to redact information exempt from inspection from the
public record;
F. "correctional facility" means a corrections
facility as defined in Section 33-1-2 NMSA 1978, a county jail
as authorized under Section 33-3-1 NMSA 1978, an alternative
sentencing facility as authorized under Section 33-3A-1 NMSA
1978, a juvenile detention home as authorized under Section
33-6-1 NMSA 1978 and all similar institutions operated by any
federal, state, tribal, local or other jurisdiction;
G. "county canvassing board" means the board
created under Section 1-13-1 NMSA 1978;
H. "critical infrastructure" means public
buildings, systems, including telecommunications centers and
computers, power generation plants, dams, bridges and similar
key resources, and systems related to utility services, fuel
supply, energy, hazardous liquid, natural gas or coal, whether
physical or virtual, so vital to the state that the incapacity
or destruction of these systems would have a debilitating
impact on security, state economic security, state public
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health or safety or any combination of those matters;
I. "current records" means public records that were
created or received by a public body within the past year but
does not include archival records;
J. "custodian" means any person responsible for the
maintenance, care or keeping of a public body's public records,
regardless of whether the records are in that person's actual
physical custody and control;
K. "cybersecurity" means processes or capabilities
that protect and defend systems, communications and information
from exploitation and unauthorized use or modification;
L. "educational institution" means a charter
school, public school, state institution or a state educational
institution as defined in Subsection X of Section 22-1-2 NMSA
1978;
M. "employee personal information" means the
following information regarding employees of public bodies:
(1) date of birth;
(2) home address;
(3) home telephone number or personal cell
phone number;
(4) photograph;
(5) medical information;
(6) motor vehicle operator's identification
number;
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(7) public employee identification number;
(8) payroll deduction information;
(9) the name, address, telephone number and
date of birth of any dependent or emergency contact;
(10) any credit, debit or electronic fund
transfer card number;
(11) any account number at a bank or other
financial institution; and
(12) access device number;
N. "file format" means the internal structure of an
electronic file that defines the way it is stored and used;
O. "good faith" includes:
(1) when conducting a search in response to a
request for inspection, making reasonable efforts to determine
from other officials or employees of a public body whether a
requested record exists and, if so, how the record can be
inspected; and
(2) when denying inspection reasonably relying
on statutes, case law, advice of counsel, guidance issued by
the attorney general and public policy;
P. "human services" means services provided to an
individual or an individual's family in need of services to
assist the individual or the individual's family in achieving
and maintaining basic self-sufficiency, including physical
health, mental health, education, welfare, food and nutrition
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and housing;
Q. "information technology systems" means computer
hardware, storage media, networking equipment, physical
devices, infrastructure, processes and code, firmware, software
and ancillary products and services, including:
(1) systems design and analysis;
(2) development or modification of hardware or
solutions used to create, process, store, secure or exchange
electronic data;
(3) information storage and retrieval systems;
(4) voice, radio, video and data communication
systems;
(5) network, hosting and cloud-based systems;
(6) simulation and testing;
(7) interactions between a user and an
information system; and
(8) user and system credentials;
R. "inspect" means to review all public records
that are not excluded in Section 23 of this 2025 act;
S. "insurer" means an entity from which a public
body obtains insurance, as that term is defined in Section
59A-1-5 NMSA 1978; the risk management division of the general
services department as established by Section 15-7-2 NMSA 1978;
the New Mexico workers' compensation assigned risk pool
established by the Workers' Compensation Assigned Risk Pool
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Law; or a pool created by Section 3-62-2 NMSA 1978;
T. "investigatory work product" means records
obtained, compiled or prepared by a public entity in an effort
to monitor and enforce compliance with the law or an order,
provided that investigatory work product must be considered
active as long as it is related to monitoring and enforcement
activity conducted with a reasonable good-faith belief that it
will lead to enforcement of the law or an order the public
entity is charged by statute or other law with monitoring and
enforcing;
U. "law enforcement agency" means a law enforcement
agency of the state, a state agency or a political subdivision
of the state;
V. "law enforcement records" means evidence in any
form received or compiled in connection with a criminal
investigation or prosecution by a law enforcement or
prosecuting agency, including inactive matters or closed
investigations to the extent that they contain the information
listed in this subsection; provided that the presence of such
information on a law enforcement record does not exempt the
record from inspection;
W. "library" means a library as defined in the
Library Privacy Act;
X. "medical information" means information about:
(1) the past, present or future physical or
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mental health or condition of an individual;
(2) the provision of health care to an
individual;
(3) the past, present or future payment for
the provision of health care to an individual;
(4) biometric data, including fingerprints,
DNA, retinal scans and blood type; and
(5) data on a person's physical activity,
heart rate and steps taken;
Y. "person" means an individual, corporation,
partnership, firm, association, entity or public body domiciled
in New Mexico, but does not include individuals incarcerated in
a correctional facility;
Z. "private place" means the interior of a
residence, the interior of a facility that offers health care
or social services and other indoor places that are not open to
members of the public and that a reasonable person would expect
to be private;
AA. "protected personal identifier information"
means:
(1) identification numbers, including:
(a) taxpayer identification number;
(b) financial account number;
(c) insurance policy number;
(d) credit or debit card number;
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(e) driver's license number;
(f) all but the year of a person's date
of birth; and
(g) social security number;
(2) with regard to a non-elected employee of a
public body in the context of the person's employment, the
employee's non-business, home street and mailing address, but
not the city, state or zip code; and
(3) with regard to all employees, elected or
otherwise, of a public body in the context of the person's
employment:
(a) the employee's personal telephone
number;
(b) the employee's personal email
address; and
(c) information identifying the names or
other information about family members, emergency contacts and
dependents;
BB. "public business" means all matters that relate
or may foreseeably relate in any way to:
(1) the performance of the public body's
governmental functions, including any matter over which the
public entity has supervision, control, jurisdiction or
advisory power; and
(2) the public body's use of public funds;
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CC. "public body" means the executive, legislative
and judicial branches of state and local governments and all
advisory boards, commissions, committees, agencies or entities
created by the constitution of New Mexico or any branch of
state government that receives any public funding, including
political subdivisions, special taxing districts, school
districts and institutions of higher education;
DD. "public funds" means cash and other assets with
more than minimal value received from the state or other public
body;
EE. "public records" means all documents, papers,
letters, books, maps, tapes, photographs, recordings and other
materials, regardless of physical form or characteristics, that
are used, created, received, maintained or held by or on behalf
of any public body and relate to public business, whether or
not the records are required by law to be created or
maintained;
FF. "public social services agency" means the adult
protective services system created by the Adult Protective
Services Act, a county when carrying out its duties under the
Indigent Hospital and County Health Care Act, the health care
authority and the children, youth and families department;
GG. "reasonable denial" is a denial that states:
(1) a reason supported by the Inspection of
Public Records Act, another state, federal or local law or
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administrative regulation, a rule of court, court order or case
law of why a record is exempt from inspection, with or without
providing the precise legal citation; and
(2) the reasonable justification, based on a
public policy ground, for refusing to release the records;
HH. "reasonable particularity" means identifying
specific records by:
(1) in the case of records other than audio or
visual records, providing at least two of the following:
(a) the record title or subject line;
(b) the author; and
(c) the date or date range with
reasonable specificity; or
(2) in the case of audio or visual records,
providing at least one of the following:
(a) the computer-aided dispatch record
number;
(b) the police report number; and
(c) the date or date range with
reasonable specificity and at least one of the following: 1)
the name of a law enforcement officer or first responder; 2)
the approximate time or the approximate location of the record;
and 3) other criteria established and published by a law
enforcement agency public body to facilitate access to videos;
provided that a request that is made for search terms or
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parameters that a public body does not use to index, organize,
file or record its public records or otherwise cannot be used
to search them does not describe a record with reasonable
particularity;
II. "state canvassing board" means the board
created under Article 5, Section 2 of the constitution of New
Mexico;
JJ. "state commission of public records" means the
commission established by Section 14-3-3 NMSA 1978;
KK. "state records administrator" means the person
hired by the state commission of public records pursuant to
Section 14-3-4 NMSA 1978;
LL. "reasonable fee" means the actual cost to the
public entity of locating, reviewing, redacting and making the
copy, including the cost of labor, materials and equipment;
MM. "security system plan" includes:
(1) records, information, photographs, audio
and visual presentations, schematic diagrams, surveys,
recommendations, communications or consultations relating
directly to the physical or electronic security of a public
facility or any critical infrastructure, whether owned by or
leased to the state or any of its political subdivisions, or
any privately owned or leased critical infrastructure if the
plan or a portion of the plan is in the possession of a public
body;
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(2) information relating to cybersecurity
defenses, or threats, attacks, attempted attacks and
vulnerabilities of cyber system operations relating directly to
the physical or electronic security of a public facility, or
any critical infrastructure, whether owned by or leased to the
state or any of its political subdivisions, or any privately
owned or leased critical infrastructure if the information is
in the possession of a public body;
(3) threat assessments;
(4) continuity of operations plans;
(5) vulnerability and capability assessments
conducted by a public body or any private entity;
(6) terrorist or threat response plans; and
(7) emergency evacuation plans;
NN. "trade secret" means a trade secret as defined
in Subsection D of Section 57-3A-2 NMSA 1978;
OO. "undercover law enforcement officer" means an
employee of a local or state law enforcement agency who acts
surreptitiously or poses as someone other than a law
enforcement officer while engaging in the investigation of a
violation of law; and
PP. "utility services" means those services, when
performed by a public body, that would constitute a public
utility as defined by Section 62-3-3 NMSA 1978, a public
telecommunications service as defined by Section 63-9A-3 NMSA
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1978 and a cellular service company as defined by Section
63-9B-3 NMSA 1978 and includes services provided by
associations as defined under the Sanitary Projects Act."
SECTION 2. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] RECORDS CUSTODIAN.--Each public body shall
designate at least one custodian of public records who shall:
A. receive requests, including electronic mail or
facsimile, to inspect public records;
B. respond to requests in the same medium,
electronic or paper, in which the request was made in addition
to any other medium that the custodian deems appropriate;
C. provide proper and reasonable opportunities to
inspect public records;
D. provide reasonable facilities to make or furnish
copies of the public records during usual business hours; and
E. post in a conspicuous location at the
administrative office and on the publicly accessible website,
if any, of each public body a notice describing:
(1) the right of a person to inspect a public
body's records;
(2) procedures for requesting inspection of
public records, including the contact information for the
custodian of public records;
(3) procedures for requesting copies of public
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records;
(4) reasonable fees for copying public
records; and
(5) the responsibility of a public body to
make available public records for inspection."
SECTION 3. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] PROCEDURE FOR REQUESTING RECORDS.--
A. Any person wishing to inspect public records
shall submit a written request to the custodian. The failure
to respond to an oral request shall not subject the custodian
to any penalty.
B. If a request is sent to any person other than
the proper records custodian, the time for fulfilling the
request shall be tolled until the request is delivered to the
proper records custodian. All employees or agents of public
bodies shall forward the request to the proper records
custodian any requests misdirected to them.
C. A request shall provide the actual name, mailing
address, telephone number and email address of the person
seeking access to the records. Anonymous or pseudonymous
requests are not permitted. If the request is made by an agent
for another, the agent shall disclose the name of the person
the agent is acting on behalf of.
D. A request shall identify the records sought with
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reasonable particularity.
E. No person requesting records shall be required
to state the reason for inspecting the records.
F. A custodian receiving a written request shall
permit the inspection not later than fifteen days after
receiving a written request in the case of current records or
sixty days in the case of archival records or audio or visual
records.
G. For the purposes of this section, "written
request" includes an electronic communication, including email,
facsimile or use of a web page on the internet provided by the
public body; provided that the request complies with the
requirements of Subsection C of this section.
H. A public body may ask the requester to clarify
the request.
I. A public body may discuss with the requester of
a large volume of records how the scope of a request may be
narrowed.
J. If a requester does not respond to a request for
clarification within fifteen days, the request for inspection
may be considered withdrawn."
SECTION 4. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] REQUESTING ELECTRONIC RECORDS.--
A. Automation of public records must not erode the
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right of access to those records. As each public body
increases its use of and dependence on electronic
recordkeeping, each public body shall provide reasonable public
access to records electronically maintained and shall ensure
that exempt or confidential records are not disclosed except as
otherwise permitted by law.
B. A public body shall not enter into a contract
for the creation or maintenance of a public records database if
that contract impairs the ability of the public to inspect or
copy the public records of the public body, including public
records online or stored in an electronic record keeping system
used by the public body.
C. An electronic copy of a record shall be provided
upon request at no cost, other than costs allowed by this 2025
act; provided that if the nature or volume of the public
records requested to be accessed or provided is a broad and
burdensome use of information technology resources, the public
body may charge no more than the actual cost incurred for the
broad and burdensome use of information technology resources
incurred by the public body.
D. Nothing in this section requires a public body
to create or compile a record that does not exist.
E. Nothing in this section requires a public body
to attempt to recover or restore deleted or overwritten
records.
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F. Nothing in this section requires a public body
to provide inspection of browser histories, caches, cookies,
file metadata, system logs, login histories or IP addresses of
visitors to the websites of public bodies.
G. Except as reasonably necessary to reveal the
organization of data contained in an electronically stored
record, a public body is not required to provide an
electronically stored record in a different structure or
format.
H. This section does not require a public entity to
provide a requester with access to a computer terminal or
mobile device.
I. A public body is not required to provide a copy
of a record that is available to the requester on the internet
on a publicly accessible website. The public body shall notify
the requester the record is available online and direct the
requester to the website where the record can be accessed.
J. Nothing in the Inspection of Public Records Act
regarding the provision of public data in electronic format
shall limit the ability of the custodian to engage in the sale
of data as authorized by Sections 14-3-15.1 and 14-3-18 NMSA
1978, including imposing reasonable restrictions on the use of
the database and the payment of a royalty or other
consideration.
K. A custodian shall provide a copy of a public
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record in electronic format if the public record is available
in electronic format and an electronic copy is specifically
requested. However, a custodian is only required to provide
the electronic record in the file format in which it exists at
the time of the request.
L. If necessary to preserve the integrity of
computer data or the confidentiality of exempt information
contained in a database, a partial printout of data containing
public records or information may be furnished in lieu of an
entire database. Exempt information in an electronic document
shall be removed along with the corresponding metadata prior to
disclosure by utilizing methods or redaction tools that prevent
the recovery of exempt information from a redacted electronic
document."
SECTION 5. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] WRONG CUSTODIAN.--
A. In the event that a written request is not made
to the custodian having possession of or responsibility for the
public records requested, the person receiving the request
shall promptly forward the request to the custodian of the
requested public records, if known, and notify the requester.
B. The notification to the requester shall state
the reason for the absence of the records from that person's
custody or control, the records' location and the name and
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address of the custodian."
SECTION 6. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] PROCEDURE FOR INSPECTION.--Requested
public records containing information that is exempt and
nonexempt from disclosure shall be separated by the custodian
prior to inspection, and the nonexempt information shall be
made available for inspection."
SECTION 7. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] COST RECOVERY.--A custodian:
A. may charge reasonable fees for copying the
public records, unless a different fee is otherwise prescribed
by law;
B. may charge a fee not exceeding thirty dollars
($30.00) per hour per request, excluding the initial hour, for
locating records, including electronic records, if locating the
records requires more than one hour;
C. may impose a fee not exceeding thirty dollars
($30.00) per hour per request, excluding the initial hour, for
redacting material from records;
D. may, if a person makes five or more requests
within a forty-five-day period, treat the requests as one
request in computing the time it takes to locate and excise the
records;
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E. shall not charge fees in excess of two dollars
($2.00) per printed page for documents eleven inches by
seventeen inches in size or smaller;
F. may charge the actual costs associated with
downloading copies of public records to a computer disk or
storage device, including the actual cost of the computer disk
or storage device;
G. may charge the actual costs associated with
transmitting copies of public records by mail, electronic mail,
facsimile or other electronic method of transmission;
H. may impose a fee not exceeding five dollars
($5.00) to certify or authenticate each document copied;
I. may require advance payment of the fees before
locating, redacting or making copies of public records;
J. may allow a person to utilize the person's own
personal devices for duplication of records and, if so, shall
establish reasonable procedures to protect the integrity of the
records as long as the procedures are not used to prevent
access to the records;
K. may refuse to permit inspection of the records
or provide copies of the records if repeated requests for
records disrupt other essential functions of the public body
and then give to the requester in writing the reasons
supporting the refusal; and
L. may decline to again provide inspection of a
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record to a person who has already been provided inspection of
that same record."
SECTION 8. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] CREATING AND MAINTAINING RECORDS.--
Nothing in the Inspection of Public Records Act shall be
construed to require a public body to:
A. create a public record;
B. maintain a public record;
C. compile, format, manipulate, package, summarize
or tailor information;
D. provide a record in a particular format, medium
or program not currently maintained by the public body;
E. provide a record that is included in a report or
document that is printed or published, including being
available online;
F. answer questions, conduct research, provide
advice or issue legal opinions; or
G. provide access to premises or any material
objects other than those that are public records."
SECTION 9. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] ATTORNEY-CLIENT PRIVILEGE--LITIGATION
RECORDS.--
A. Records containing attorney-client information
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protected by the New Mexico Rules of Professional Conduct for
attorneys are exempt from inspection.
B. Attorney work product is exempt from inspection.
Attorney work product and copies of the work product shall not
be open to public inspection, examination or copying unless
specifically made public by the public body receiving the work
product.
C. Records pertaining to claims for damages or
other relief against any public body or public officer or
employee are exempt from inspection; provided that the records
shall be subject to public inspection on and after the earlier
of:
(1) the date a final judgment is issued
resolving the claim and all appeals and rights to appeal have
been exhausted; or
(2) the date a settlement agreement is signed
by all of the parties.
D. A settlement agreement between a public body and
another party is exempt from disclosure until it has been fully
executed and accepted by all concerned parties unless the
records are otherwise exempt or confidential. In the case of
multiple settlement agreements involving multiple parties
involved in the same incident or undertaking, a settlement
agreement is exempt until settlement agreements have been fully
executed by all concerned parties unless the public records are
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otherwise exempt or confidential.
E. Any request under this section for records in
the possession of a public body by a party to a criminal or
civil action, administrative law agency adjudicative
proceeding, mediation or arbitration in which the public body
is a party or by an agent of the party shall comply with
applicable discovery rules or orders and be made to the
attorney representing that public body in the criminal or civil
action, adjudicative proceeding, mediation or arbitration. The
public body may deny a request from a party or an agent of a
party under this subsection if the request seeks records that
are privileged under applicable discovery rules.
F. Records filed with a court or administrative law
agency under seal shall not be subject to inspection unless the
court has ordered their inspection.
G. Records provided to a public body under a
protective order approved by a court or administrative law
agency shall not be subject to inspection unless the court or
administrative law agency has ordered their inspection.
H. Records filed with a court or administrative law
agency in a sequestered or confidential proceeding shall not be
subject to inspection unless the court or administrative law
agency has ordered their inspection.
I. Public filings with a court or administrative
law agency shall be requested only from the court or
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administrative law agency and shall not be requested from
another public body that may have been a party to the
proceeding or otherwise has copies of such filings.
J. For purposes of this section, a law enforcement
agency that investigated a crime, arrested a person or charged
a person shall be considered a party to the resulting criminal
action.
K. Nothing in this section shall limit the
attorney-client privilege as provided for by the common law or
the rules of court."
SECTION 10. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] ECONOMIC DEVELOPMENT RECORDS--
COMMUNICATION PROVIDER RECORDS.--
A. Records and information pertaining to a
prospective location of a business or industry, including the
identity, nature and location of the business or industry, when
no previous public disclosure has been made by the business or
industry of the interest or intent of the business or industry
to locate in, relocate within or expand within this state are
exempt from inspection.
B. The exemption in this section does not include
records pertaining to the application for permits or licenses
necessary to do business or to expand business operations
within this state, except as otherwise provided by law.
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C. Information relating to communications services
locations or broadband development shall be exempt from
inspection if such information is not otherwise publicly
available and the release of such information would reveal:
(1) the location or capacity of communications
network facilities;
(2) communications network areas, including
geographical maps indicating actual or proposed locations of
network infrastructure or facilities;
(3) the features, functions and capabilities
of communications network infrastructure and facilities;
(4) security, including cybersecurity, of the
design, construction and operation of the communications
network and associated services and products; or
(5) specific customer locations."
SECTION 11. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] EDUCATION RECORDS.--The following records
of educational institutions are exempt from inspection:
A. letters or memoranda that are matters of opinion
in students' cumulative files and the reports, notes and
evidence generated by internal investigations of their
employees or students;
B. examination or test questions, scoring keys and
other data used to administer any licensing, employment,
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academic or certification examination or test and records
establishing examination or test procedures and instructions
regarding the administration, grading or evaluation of any
examination or test, if disclosure may affect scoring outcomes;
C. any record related to a complaint or
investigation under Title Nine of the Education Amendments of
1972, 20 U.S.C. 1681 et seq., which contains personally
identifiable information about a party to the complaint; and
D. information protected under the Family
Educational Rights and Privacy Act, 20 U.S.C. 1232."
SECTION 12. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] ELECTION RECORDS.--The time limits for a
public body to allow a person to inspect records relating to
elections shall be tolled during the period beginning on the
fifty-sixth day prior to an election until the canvass of the
election has been certified by the county canvassing board or
state canvassing board, whichever is later."
SECTION 13. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] LAW ENFORCEMENT RECORDS--CORRECTIONS
RECORDS.--
A. Law enforcement records are public records,
except as provided by law and this section. The time for
responding to a request for law enforcement records is tolled
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during the forty-five days immediately following the law
enforcement agency becoming aware of a crime.
B. Before charges are filed, exempt from inspection
are the names, addresses, contact information or protected
personal identifier information of individuals who are victims
of or non-law-enforcement witnesses to an alleged crime of:
(1) assault with intent to commit a violent
felony pursuant to Section 30-3-3 NMSA 1978 when the violent
felony is criminal sexual penetration;
(2) assault against a household member with
intent to commit a violent felony pursuant to Section 30-3-14
NMSA 1978 when the violent felony is criminal sexual
penetration;
(3) stalking pursuant to Section 30-3A-3 NMSA
1978;
(4) aggravated stalking pursuant to Section
30-3A-3.1 NMSA 1978;
(5) criminal sexual penetration pursuant to
Section 30-9-11 NMSA 1978;
(6) criminal sexual contact pursuant to
Section 30-9-12 NMSA 1978;
(7) sexual exploitation of children pursuant
to Section 30-6A-3 NMSA 1978;
(8) abandonment of a child pursuant to Section
30-6-1 NMSA 1978;
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(9) abuse of a child pursuant to Section
30-6-1 NMSA 1978;
(10) abandonment of a dependent pursuant to
Section 30-6-2 NMSA 1978;
(11) incest pursuant to Section 30-10-3 NMSA
1978;
(12) child solicitation by electronic
communication device pursuant to Section 30-37-3.2 NMSA 1978;
(13) criminal sexual communication with a
child pursuant to Section 30-37-3.3 NMSA 1978;
(14) unauthorized distribution of sensitive
images pursuant to Section 30-37A-1 NMSA 1978;
(15) abuse pursuant to the Resident Abuse and
Neglect Act;
(16) human trafficking pursuant to Section
30-52-1 NMSA 1978;
(17) voyeurism pursuant to Section 30-9-20
NMSA 1978;
(18) enticement of a child pursuant to Section
30-9-1 NMSA 1978; and
(19) kidnapping pursuant to Section 30-4-1
NMSA 1978.
C. Before charges are filed, exempt from inspection
are names, addresses, contact information or protected personal
identifier information of individuals who are accused but not
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charged with a crime.
D. Exempt from inspection are the names, addresses,
contact information and protected personal identifier
information of juveniles and that same information relating to
their parents or guardians when the juveniles are victims or
witnesses to an alleged crime.
E. A law enforcement officer or prosecutor, within
the scope of the employment of the officer or prosecutor, may
provide assurances of confidentiality to a person providing
information regarding violations of the law. Any information
that would identify or provide a means of identifying a
confidential informant, if the identity of the informant is not
otherwise publicly known, is exempt from inspection.
F. The work schedules of employees of a law
enforcement agency or correctional facility are exempt from
inspection.
G. Records or other information that would reveal
the identity, or endanger the life or physical well-being, of
an undercover law enforcement officer is exempt from
inspection.
H. Audios, videos or images taken with a body
camera or similar device and that are taken in a private place
are exempt records, except for those records that:
(1) depict the commission of an alleged crime;
(2) record any encounter between a law
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enforcement officer and a person that results in death or
bodily injury or includes an instance when an officer fires a
weapon; or
(3) record any encounter that is the subject
of a legal proceeding against a law enforcement officer or law
enforcement agency.
I. Visual depiction of a dead body, unless a law
enforcement officer, acting in that capacity, caused or is
reasonably alleged or suspected to have caused the death is
exempt from inspection.
J. Visual depiction of great bodily harm, as
defined in Section 30-1-12 NMSA 1978, or acts of severe
violence resulting in great bodily harm, unless a law
enforcement officer, acting in that capacity, caused or is
reasonably alleged or suspected to have caused the great bodily
harm or act of severe violence is exempt from inspection.
K. Visual depiction of an individual's intimate
body parts, including the genitals, pubic area, anus or
postpubescent female nipple, whether nude or visible through
less than opaque clothing is exempt from inspection.
L. Visual or an audio depiction of the notification
to a member of the public of a family member's death is exempt
from inspection.
M. Records of a correctional facility of an
inmate's medical condition, personal property, commissary or
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other financial accounts and communications to and from persons
outside the correctional facility are exempt from inspection.
This includes both the content and the metadata of such
communications.
N. Nothing in this section shall exempt information
from discovery requests that are made under the rules of
court."
SECTION 14. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] INFRASTRUCTURE RECORDS--CYBERSECURITY
RECORDS.--
A. Records that relate to cybersecurity information
or critical infrastructure, the disclosure of which may expose
or create vulnerability of critical infrastructure systems; or
the safeguarding of telecommunications, electric, water,
sanitary sewage, storm water drainage, energy, fuel supply,
hazardous liquid, natural gas, coal or other critical
infrastructure system, are exempt from inspection.
B. A security system plan kept by a public body and
records regarding disaster mitigation, preparation, response,
vulnerability or recovery or for cybersecurity planning,
mitigation or threat are exempt from inspection.
C. Security codes, passwords and combinations or
plans used to protect electronic information or to prevent
access to computers, computer systems or computer or
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telecommunications networks of a public entity are exempt from
inspection.
D. Information concerning information technology
systems, the publication of which would reveal specific
vulnerabilities that compromise or allow unlawful access to
such systems, is exempt from inspection; provided that this
subsection shall not be used to restrict requests for:
(1) records stored or transmitted using
information technology systems;
(2) internal and external audits of
information technology systems, except for those portions that
would reveal ongoing vulnerabilities that compromise or allow
unlawful access to such systems; or
(3) information to authenticate or validate
records received pursuant to a request fulfilled pursuant to
the Inspection of Public Records Act."
SECTION 15. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] LIBRARY RECORDS.--All information of
patrons of a library, including information on materials
borrowed or requested and the use of library services,
databases or computers, is exempt from inspection."
SECTION 16. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] MEDICAL RECORDS.--
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A. A medical record or a record containing medical
information in the possession of a public body is exempt from
inspection.
B. The medical condition of an individual, medical
treatment provided to an individual and the name of an
individual who received medical treatment from a public entity
during an emergency medical response are exempt from
inspection.
C. Autopsy photographs or other visual image or
video or audio recordings of an autopsy are exempt from
inspection."
SECTION 17. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] PROCUREMENT RECORDS.--
A. Records submitted to a public body by a bidder
on a public contract that relate to the financial stability of
the bidder, including tax returns, financial statements and
bank statements, are exempt from inspection.
B. Before a contract is awarded, materials
submitted in responses to sealed bidding or requests for
proposals are exempt from inspection.
C. When a public body seeks to acquire real
property by purchase or through the exercise of the power of
eminent domain, all appraisals, other reports relating to
value, offers and counteroffers are exempt from inspection
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until execution of a valid option contract or a written offer
to sell that has been conditionally accepted by the agency, at
which time the exemption shall expire."
SECTION 18. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] PUBLIC EMPLOYEE RECORDS.--
A. Employee personal information regarding a public
employee contained in an employee's personnel record or given
to a public body by the employee in the course of employment is
exempt from inspection.
B. Any record of a public employee's medical
treatment or use of an employee assistance program is exempt
from inspection.
C. Letters of reference concerning employment are
exempt from inspection.
D. Letters or memoranda that are matters of opinion
in personnel files and the reports, notes and evidence
generated by internal investigations of personnel are exempt
from inspection."
SECTION 19. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] SECURITY RECORDS.--
A. Tactical response plans or procedures, the
publication of which could reveal specific vulnerabilities,
risk assessments or tactical emergency security procedures that
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could be used to facilitate the planning or execution of a
terrorist attack are exempt from inspection.
B. Records of the security system of a publicly
accessible facility of a public body, disclosure of which would
reveal information that could be used to plan or execute an
attack on a public facility or person, are exempt from
inspection."
SECTION 20. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] SOCIAL SERVICES RECORDS.--
A. Records concerning individual applicants or
recipients of unemployment insurance or economic assistance or
support are exempt from inspection. These exempt records
include applications, income or eligibility verification
assessments or other personal, medical or financial data are
exempt from inspection.
B. The name, address, telephone number, email
address or other record that reasonably could be used to
identify an individual who provided information to a public
social service agency is an exempt record if:
(1) the information relates to a matter
involving human services over which the agency has regulatory
jurisdiction; and
(2) the agency determines the individual had a
good-faith belief the information related to a possible
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violation of law when the individual provided it to the agency.
C. All case records and identifying information
including foster and adoptive families and applicant files are
exempt from inspection.
D. Records that may disclose, or lead to the
discovery of, the identity of a person who made a report of
alleged abuse, neglect or exploitation of a child or protected
adult, as defined in Section 27-7-16 NMSA 1978 are exempt from
inspection."
SECTION 21. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] UTILITY RECORDS.--Customer records for
utility services provided by a public body are exempt from
inspection. Customer records include billing statements,
records of consumption or usage, payment information or methods
and the contents of any communications made through such
utility services."
SECTION 22. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] VICTIMS OF CRIMES REPORTS.--
A. When a person who is convicted of any indictable
offense under the laws of New Mexico, any other state or the
United States is seeking government records containing personal
information pertaining to the person's victim or the victim's
family, including a victim's home address, home telephone
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number, work or school address, work telephone number, social
security account number, medical history or any other
identifying information, a public body may deny inspection of
all such information.
B. Confidential records that are authorized by law
to be disclosed to another public body continue to be
confidential in the possession of the receiving public body,
except as otherwise provided by law."
SECTION 23. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] GENERAL EXCEPTIONS.--The following records
shall be exempt from disclosure under the Inspection of Public
Records Act:
A. letters of reference concerning licensing or
permits as provided by the Confidential Materials Act;
B. trade secrets;
C. long-range or strategic business plans of public
hospitals discussed in a properly closed meeting;
D. submissions in response to a competitive grant,
land lease or scholarship and related scoring materials and
evaluation reports until finalists are publicly named or the
award is announced;
E. the personal email address or personal telephone
number of an individual that is provided to a public entity for
the purpose of or in the course of communicating with that
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public body or applying for any permit or license; provided
this subsection shall not be used to shield the identity of the
individual communicating with the public body;
F. real estate and other records recorded with a
county clerk that are already open for public inspection; and
G. records required to be kept confidential by any
law or regulation."
SECTION 24. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] VEXATIOUS REQUESTERS.--
A. A public body may file a petition asking the
state commission of public records to request relief from a
person that the public body claims is a vexatious requester.
B. A petition under this section shall:
(1) be filed with the state records
administrator, who may not charge a fee to file a petition;
(2) contain the name and contact information
of a respondent to the petition;
(3) contain a description of the conduct that
the governmental entity claims demonstrates that the respondent
is a vexatious requester, which may include a description of
conduct directed toward public bodies other than the one filing
the petition; and
(4) be served on the respondent, such service
to be done contemporaneously with the filing of the petition.
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C. No later than fourteen days after receiving a
petition, the state records administrator shall schedule a
hearing for the commission to consider the petition, which
shall be at least twenty-eight days later but not more than
seventy days after filing the petition.
D. If the state records administrator schedules a
hearing, the state records administrator shall:
(1) send a copy of the petition to each member
of the state commission of public records; and
(2) send a copy of the notice of hearing to
the public body that filed the petition and the respondent.
E. No later than seven business days before the
hearing, the respondent may submit to the state records
administrator a written statement in response to the public
body's petition and serve that statement on the petitioner.
F. No discovery may be allowed on a petition to
declare a person a vexatious requester.
G. At the hearing on the petition, the state
commission of public records shall allow the petitioner and
respondent to testify, present evidence and comment on the
issues. If a respondent fails to appear at the hearing, the
commission may enter a default judgment against the respondent.
H. Within twenty-eight days after a hearing is
held, the state commission of public records shall issue a
signed order deciding as to whether the respondent is a
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vexatious requester and what other relief requested by the
petitioner should be granted.
I. No public body shall be obligated to respond to
requests for inspection from a person who is determined to be a
vexatious requester for three years after the designation is
made.
J. The petitioner or the respondent may appeal a
decision of the state commission of public records to the
district court in the county in which the petitioner maintains
its principal office. A notice of appeal shall be filed within
sixty days of service of the decision on the petition.
K. The state commission of public records shall
maintain on the commission's website an alphabetical list of
all persons ever declared to be a vexatious requester and
copies of all decisions on petitions filed under this section."
SECTION 25. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] ENFORCEMENT.--
A. An action to enforce the Inspection of Public
Records Act may be brought by:
(1) the attorney general or the district
attorney in the county of jurisdiction; or
(2) a person whose written request has been
denied.
B. Actions to enforce the Inspection of Public
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Records Act shall be brought exclusively against the public
body in the district court in the county where the public body
maintains its principal office. No records custodian or other
employee or official of the public body shall be named as a
defendant.
C. Any public body named in an action filed
pursuant to the Inspection of Public Records Act shall be held
liable for conduct of individuals acting on behalf of, under
color of or within the course and scope of the authority of the
public body.
D. Actions to enforce the Inspection of Public
Records Act shall be exclusively brought as a civil action and
proceed under the rules of court for civil complaints.
E. Public bodies shall be given a chance to cure
alleged violations of the Inspection of Public Records Act as
follows:
(1) before filing suit, a requester who
alleges that a public body has failed to fulfill in whole or in
part a request made under the Inspection of Public Records Act
shall give notice of intent to sue in writing to the records
custodian of a public body stating:
(a) the requester intends to file suit;
(b) a reference to or copy of the
unfulfilled request at issue; and
(c) the records that the requester
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believes have not been provided by the public body;
(2) the public body shall have sixty days
after actual receipt of the notice of intent to sue in which to
provide the records requested; and
(3) no suit to enforce the Inspection of
Public Records Act shall be maintained unless a notice of
intent to sue is given under this subsection, and a plaintiff
must affirmatively plead that the plaintiff has complied with
this subsection and provide proof of compliance when filing
suit.
F. The district court shall not issue peremptory
writs of mandamus or alternate writs of mandamus under Section
44-2-7 NMSA 1978.
G. A district court may issue a writ of mandamus or
order an injunction or other appropriate remedy to enforce the
provisions of the Inspection of Public Records Act but only
after the public body has been served with a complaint, given
due process in accordance with the rules of civil procedure and
the court has found that the public body did not produce
records in violation of that act.
H. The exhaustion of administrative remedies shall
not be required prior to bringing any action to enforce the
procedures of the Inspection of Public Records Act.
I. The court shall award damages, costs and or
reasonable attorney fees to any person whose written request
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has been denied and is successful in a court action to enforce
the provisions of the Inspection of Public Records Act only in
cases where the public body did not act in good faith or failed
to provide a reasonable denial.
J. A public body may file a complaint in the
district court under the Declaratory Judgment Act to seek
determination whether a request made under the Inspection of
Public Records Act seeks material exempt from disclosure or
otherwise does not comply with the act."
SECTION 26. REPEAL.--Sections 14-2-1 through 14-2-1.2 and
14-2-6 through 14-2-12 NMSA 1978 (being Laws 1947, Chapter 130,
Section 1, Laws 2019, Chapter 27, Section 2, Laws 2023, Chapter
67, Section 3 and Laws 1993, Chapter 258, Sections 3 through 9,
as amended) are repealed.
SECTION 27. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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