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HOUSE BILL 283
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Christine Chandler
AN ACT
RELATING TO PUBLIC RECORDS; REQUIRING A LAW ENFORCEMENT RECORD
REQUESTER TO CERTIFY THAT THE LAW ENFORCEMENT RECORD WILL NOT
BE USED TO SOLICIT VICTIMS; PROVIDING A DEFINITION OF
"COMMERCIAL PURPOSE" AND MAKING EXCEPTIONS; REQUIRING A RECORD
REQUESTER WHO INTENDS TO USE THE RECORD FOR A COMMERCIAL
PURPOSE TO CERTIFY THAT THE RECORD WILL BE USED FOR A
COMMERCIAL PURPOSE; ALLOWING A PUBLIC BODY TO CHARGE AN HOURLY
FEE TO REQUESTERS WHO INTEND TO USE A RECORD FOR A COMMERCIAL
PURPOSE; REQUIRING A PUBLIC BODY TO PROVIDE AN ESTIMATED FEE TO
A REQUESTER WHO INTENDS TO USE A RECORD FOR A COMMERCIAL
PURPOSE; ALLOWING A PUBLIC BODY TO WAIVE THE COMMERCIAL PURPOSE
FEE; REQUIRING A RECORD REQUESTER WHO HAS BEEN DENIED A REQUEST
TO PROVIDE A PUBLIC BODY WITH NOTICE OF A CLAIMED VIOLATION AND
ALLOWING THE PUBLIC BODY FIFTEEN CALENDAR DAYS TO REMEDY THE
VIOLATION BEFORE AN ENFORCEMENT ACTION CAN BE BROUGHT; LIMITING
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ACTIONS TO ENFORCE THE INSPECTION OF PUBLIC RECORDS ACT TO
WITHIN TWO YEARS OF THE DATE THAT THE PUBLIC BODY RECEIVED
NOTICE OF A CLAIMED VIOLATION; CREATING AN INSPECTION OF PUBLIC
RECORDS TASK FORCE; MAKING TECHNICAL CHANGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 14-2A-1 NMSA 1978 (being Laws 1993,
Chapter 123, Section 1) is recompiled as Section 14-2-1.3 NMSA
1978 and is amended to read:
"14-2-1.3. PROTECTION OF VICTIMS OF CRIMES OR ACCIDENTS--
[POLICE REPORTS] LAW ENFORCEMENT RECORDS --COMMERCIAL
SOLICITATION PROHIBITED--PENALTIES .--
A. No [attorney, health care provider or their
agents] person shall inspect, copy or use [police reports ] law
enforcement records or information obtained from [police
reports] law enforcement records for [the purpose of] the
solicitation of victims or the solicitation of the relatives of
victims of reported crimes or accidents.
B. A person that requests law enforcement records
shall certify in the written request that the requested law
enforcement records shall not be used for soliciting victims or
the relatives of victims of reported crimes or accidents. "
SECTION 2. Section 14-2-6 NMSA 1978 (being Laws 1993,
Chapter 258, Section 3, as amended) is amended to read:
"14-2-6. DEFINITIONS.--As used in the Inspection of
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Public Records Act:
A. "commercial purpose" means the direct or
indirect use of any part of a public record in any form for
sale, resale, solicitation, rent or lease of a service or any
use by which the user expects a profit through commission,
salary or fee; and does not include the use of a public record:
(1) by a newspaper or periodical or by a
website or social media account associated with the newspaper
or periodical;
(2) by a radio or television station in its
news or other informational programs or by a website or social
media account associated with the radio or television station;
(3) by a social media account that
disseminates news and information to the general public; or
(4) in the preparation for prosecution or
defense of litigation or claims settlement by the parties to
such action or the attorneys representing the parties;
[A.] B. "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;
[B.] C. "file format" means the internal structure
of an electronic file that defines the way it is stored and
used;
[C.] D. "information technology systems" means
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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;
[D.] E. "inspect" means to review all public
records that are not excluded in Section 14-2-1 NMSA 1978;
[E.] F. "person" means any individual, corporation,
partnership, firm, association or entity;
[F.] G. "protected personal identifier information"
means:
(1) all but the last four digits of a:
(a) taxpayer identification number;
(b) financial account number;
(c) credit or debit card number; or
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(d) driver's license number;
(2) all but the year of a person's date of
birth;
(3) a social security number; and
(4) with regard to a nonelected employee of a
public body in the context of the person's employment, the
employee's nonbusiness home street address, but not the city,
state or zip code;
[G.] H. "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 or any branch
of government that receives any public funding, including
political subdivisions, special taxing districts, school
districts and institutions of higher education;
[H.] I. "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; and
[I.] J. "trade secret" means trade secret as
defined in Subsection D of Section 57-3A-2 NMSA 1978."
SECTION 3. Section 14-2-8 NMSA 1978 (being Laws 1993,
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Chapter 258, Section 5, as amended) is amended to read:
"14-2-8. PROCEDURE FOR REQUESTING RECORDS.--
A. Any person wishing to inspect public records may
submit an oral or written request to the custodian. However,
the procedures set forth in this section shall be in response
to a written request. The failure to respond to an oral
request shall not subject the custodian to any penalty.
B. Nothing in the Inspection of Public Records Act
shall be construed to require a public body to create a public
record.
C. A written request shall provide the name,
address and telephone number of the person seeking access to
the records and shall identify the records sought with
reasonable particularity. The written request shall also
include certification from the person:
(1) that the record shall not be used for
soliciting victims or the relatives of victims of reported
crimes or accidents;
(2) confirming or denying that the requested
record is intended to be used for a commercial purpose; and
(3) acknowledging that a fee may be charged by
the public body for a record that is intended to be used for a
commercial purpose, if the person intends to use the record for
a commercial purpose.
D. A written request that does not include the
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information required in Subsection C of this section shall be
an incomplete request and shall not be acted upon by the public
body until the required information is submitted to the public
body.
E. No person requesting records shall be required
to state the reason for inspecting the records, except as
otherwise provided in the Inspection of Public Records Act .
[D.] F. A custodian receiving a written request
shall permit the inspection immediately or as soon as is
practicable under the circumstances, but not later than fifteen
calendar days after receiving a written request. If the
inspection is not permitted within three business days, the
custodian shall explain in writing when the records will be
available for inspection or when the public body will respond
to the request. The three-day period shall not begin until the
written request is delivered to the office of the custodian.
[E.] G. 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. 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
address of the custodian.
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[F.] H. For the purposes of this section, "written
request" includes an electronic communication, including email
or facsimile; provided that the request complies with the
requirements of Subsection C of this section."
SECTION 4. Section 14-2-9 NMSA 1978 (being Laws 1993,
Chapter 258, Section 6, as amended) is amended to read:
"14-2-9. PROCEDURE FOR INSPECTION.--
A. 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. 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.
B. A custodian shall provide a copy of a public
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.
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C. A custodian:
(1) may charge reasonable fees for copying the
public records, unless a different fee is otherwise prescribed
by law;
(2) may charge a fee for records that are
intended to be used for a commercial purpose as provided in
Section 5 of this 2025 act;
[(2)] (3) shall not charge fees in excess of
one dollar ($1.00) per printed page for documents eleven inches
by seventeen inches in size or smaller;
[(3)] (4) 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;
[(4)] (5) may charge the actual costs
associated with transmitting copies of public records by mail,
electronic mail or facsimile;
[(5)] (6) may require advance payment of the
fees before making copies of public records;
[(6)] (7) shall not charge a fee for the cost
of determining whether any public record is subject to
disclosure; and
[(7)] (8) shall provide a receipt, upon
request.
D. A public body may waive any fee.
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[D.] E. Nothing in this section 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."
SECTION 5. A new section of the Inspection of Public
Records Act is enacted to read:
"[NEW MATERIAL] COMMERCIAL USE OF PUBLIC RECORDS OBTAINED
THROUGH REQUEST FOR INSPECTION.--
A. A requester of a public record who intends to
use the public record for a commercial purpose:
(1) shall certify in the written request that:
(a) the requested public record is to be
used for a commercial purpose; and
(b) the requester acknowledges that a
fee may be charged by a public body for the cost of personnel
time expended to review and prepare the public record; and
(2) may be charged a fee by a public body not
to exceed thirty dollars ($30.00) per hour for any amount of
time beyond the initial hour that was spent reviewing and
preparing a public record.
B. After receiving certification in a written
request that a requester will use a public record for a
commercial purpose, a public body that intends to charge the
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requester for the time spent preparing and reviewing the public
record shall provide the requester with an explanation of the
estimated fee to be charged, and the requester shall verify in
writing to the public body that the requester would like to
proceed before the public body starts to review and prepare the
public record. The public body may require advance payment of
the estimated fee before the public body starts to review and
prepare the public record and shall provide a receipt to the
requester upon request."
SECTION 6. Section 14-2-11 NMSA 1978 (being Laws 1993,
Chapter 258, Section 8) is amended to read:
"14-2-11. PROCEDURE FOR DENIED REQUESTS.--
A. Unless a written request has been determined to
be excessively burdensome or broad, a written request for
inspection of public records that has not been [permitted ]
acted upon within fifteen calendar days of receipt by the
office of the custodian may be deemed denied. The person
requesting the public records may pursue the remedies provided
in the Inspection of Public Records Act after providing the
public body from which the public record was requested with
written notice of the claimed violation. Once the public body
has received the written notice, the public body shall have
fifteen calendar days to respond to the written notice and
fifteen calendar days to remedy the violation. After the two
fifteen-calendar-day periods have elapsed, the public body
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shall be subject to enforcement as provided in Section 14-2-12
NMSA 1978.
B. If a written request has been denied, the
custodian shall provide the requester with a written
explanation of the denial. The written denial shall:
(1) describe the records sought;
(2) set forth the names and titles or
positions of each person responsible for the denial; and
(3) be delivered or mailed to the person
requesting the records within fifteen calendar days after the
request for inspection was received.
C. A custodian who does not deliver or mail a
written explanation of denial within fifteen calendar days
after receipt of a written request for inspection is subject to
an action to enforce the provisions of the Inspection of Public
Records Act and the requester may be awarded damages. Damages
shall:
(1) be awarded if the failure to provide a
timely explanation of denial is determined to be unreasonable;
(2) not exceed one hundred dollars ($100) per
day;
(3) accrue from the fifteenth calendar day
following the day the public body [is in noncompliance ]
received the written notice of a claimed violation until a
written denial is issued; and
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(4) be payable from the funds of the public
body."
SECTION 7. Section 14-2-12 NMSA 1978 (being Laws 1993,
Chapter 258, Section 9) is amended to read:
"14-2-12. ENFORCEMENT.--
A. After a public body has received written notice
of a claimed violation of the Inspection of Public Records Act
and has failed to respond within fifteen calendar days , 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. An action to enforce the Inspection of Public
Records Act shall be commenced within two years of the date
that the written notice of the claimed violation was provided
to the public body.
[B.] C. 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.
[C.] D. Except for the written notice of a claimed
violation as provided in Section 14-2-11 NMSA 1978 , the
exhaustion of administrative remedies shall not be required
prior to bringing any action to enforce the procedures of the
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Inspection of Public Records Act.
[D.] E. The court shall award damages, costs and
reasonable [attorneys' ] attorney fees to any person whose
written request has been denied and who is successful in a
court action to enforce the provisions of the Inspection of
Public Records Act; provided that damages shall not be assessed
for any period of time prior to the person providing the
written notice of the claimed violation ."
SECTION 8. TEMPORARY PROVISION--INSPECTION OF PUBLIC
RECORDS TASK FORCE--MEMBERSHIP--DUTIES.--
A. The "inspection of public records task force" is
created and consists of the following eleven members:
(1) the attorney general or the attorney
general's designee;
(2) the director of the legislative council
service or the director's designee;
(3) a representative of the New Mexico
association of counties;
(4) a representative of the New Mexico
municipal league;
(5) a representative of a public school;
(6) a representative of a state institution of
higher education or public post-secondary educational
institution;
(7) a representative of a news media
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organization;
(8) a representative of an organization formed
to promote an open government;
(9) a record custodian employed by the state;
(10) a record custodian employed by a county;
and
(11) a record custodian employed by a
municipality.
B. The chair of the task force shall be the
attorney general or the attorney general's designee. The task
force shall meet at the call of the chair. The task force
shall exist from July 1, 2025 until January 1, 2026.
C. The attorney general shall convene the task
force and provide for staff.
D. The task force shall:
(1) consider and make recommendations on
alternative enforcement options of claimed violations of the
Inspection of Public Records Act before court action is
commenced;
(2) consider and make recommendations on the
use of ombuds to assist public record requesters and public
bodies;
(3) consider and make recommendations on
procedures to standardize the inspection of public records
process;
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(4) study and make recommendations on the
misuse of the Inspection of Public Records Act by requesters,
including possible penalties and the enforcement of penalties;
(5) solicit comments from affected public
record requesters and public bodies; and
(6) report its recommendations for legislation
to the governor and the legislature by December 15, 2025."
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