Summary:

 House Bill 139 (HB 139):  This act significantly amends the Inspection of Public Records Act in New Mexico, addressing a wide range of areas to enhance transparency, while also setting provisions to protect sensitive information.  

Legislation Overview:

 House Bill 139 (HB 139):  Section 1: The act introduces comprehensive definitions for terms such as "adversarial administrative proceedings," "critical infrastructure," and "cybersecurity," among others. This expansion helps clarify the scope and applicability of the law.

Section 2: Specifies duties of records custodians in public bodies, emphasizing transparency in process and accessibility of records. It mandates that custodians respond in the same medium as the request was made and post instructions for public records requests visibly online and in offices.

Section 3: Outlines a detailed procedure for requesting public records, including the requirement for requests to be written and specifics to be reasonably identified. It places a deadline on custodians to comply with requests—15 days for current records and 60 days for archival records.

Section 4: Focuses on the provision of electronic records, ensuring that public access to electronically maintained records isn't diminished by automation. It also restricts public bodies from entering contracts that impair public record access and specifies conditions under which electronic records should be provided.

Section 5: If a request is sent to the wrong custodian, it must be forwarded to the correct one promptly, with clear communication to the requester.

Section 7: Public bodies can charge reasonable fees for copying and labor but must be transparent and justifiable about these charges. There are stipulations to prevent excessive charges and ensure costs are not a barrier to access.

Sections 9-22: Extensive exemptions are detailed, ranging from attorney-client privileged information to personal information of public employees, medical records, and certain law enforcement and infrastructure-related records. This aims to balance transparency with privacy and security concerns.

This legislation’s recommendation is to increase “Clarity and Access” by defining roles, responsibilities, and procedures clearly, the act aims to facilitate easier access to public records.
Furthermore, the detailed exemptions aim to protect sensitive personal, legal, and security-related information from public exposure, which could be misused if publicly accessible.

While enhancing access to public records, the act also sets forth a robust framework to ensure that this transparency does not compromise privacy, security, or the effective functioning of public bodies.  Public Bodies will need to adjust policies and procedures to comply with the new definitions and requirements, potentially increasing administrative burdens but also improving organizational transparency.  Citizens will have clearer pathways and protocols for accessing public records, potentially leading to greater civic engagement and oversight.

By tightening exemptions, the act ensures sensitive information is protected, balancing the public's right to know with the need to protect individual privacy and state security.  The act, effective from July 1, 2025, provides a comprehensive update to New Mexico’s public records laws, reflecting contemporary concerns around digital records and privacy alongside the traditional values of transparency and accountability in public administration.