Summary:

 House Bill 283 (HB 283) relates to public records; HB 283 prohibits anyone from inspecting law enforcement reports in order to solicit victims; enacts a new section of the Inspection of Public Records Act that allows a fee to be charged for requesting public records for a commercial purpose; amends the procedure for a person who was denied a request; requires lawsuits to be filed within two years; and creates and IPRA Task Force.  

Legislation Overview:

 House Bill 283 (HB 283) makes the following changes regarding public records:
1.	Expands the prohibition against an attorney or health care provider from inspecting police reports in order to solicit victims of crimes or accidents.  It prohibits anyone from inspecting law enforcement records in order to solicit victims of reported crimes or accidents.  In addition, a person who requests these records must certify that the records will not be used to solicit victims or relatives of victims. 
2.	Enacts a new section of IPRA regarding the “commercial use” of public records. “Commercial purpose” means using a public record for profit.  Commercial purpose does not include using a public record by a newspaper/periodical, radio/TV station, social media account that disseminates news, or to prepare for the prosecution or defense of litigation.  
3.	A custodian can charge a fee for records intended to be used for a commercial purpose, not to exceed $30 per hour (not including the first hour spent reviewing and preparing the record).  However, a public body may waive any fee.  Before fulfilling the record request, the public body must provide an estimated fee to be charged and the requester may be required to pay in advance.  
4.	Amends the procedure for requesting a record under IPRA by requiring a certification from the person: (1) that the record will not be used to solicit victims or relatives of victims of reported crimes or accidents; (2) confirming or denying that the requested record is intended for commercial purposes; and (3) acknowledging that a fee may be charged if the record is intended for commercial purposes.  
5.	Amends the procedure for denied IPRA requests by requiring the person who requested the record to inform the public body with a written notice of the alleged violation.  The public body then has 15 calendar days to respond and 15 calendar days to remedy the violation.  After these two periods have elapsed, the public body is subject to a lawsuit by a prosecutor or a person whose request has been denied. 
6.	Adds that a lawsuit to enforce IPRA must be brought within two years of the date that the written notice of the violation was given to the public body.  
7.	Clarifies that damages from an IPRA violation accrue from the fifteenth calendar day following the day the public body received the written notice of a claimed violation until a written denial is issued. Currently, damages accrue from the day the public body is in noncompliance until a written denial is issued.  It also adds that damages are not assessed for the period before the person provided the written notice of the violation. 
8.	Creates the “Inspection of Public Records Task Force” consisting of 11 members from the following groups: the attorney general office, the Legislative Council Service, the New Mexico Association of Counties, the New Mexico Municipal League, public schools, a state institution of higher education, a news media organization, an organization to promote an open government; a state record custodian; a county record custodian, and a municipality record custodian.  The Task Force exists from July 1, 2025, until January 1, 2026. The Task Force must make recommendations on: (1) alternative enforcement options of alleged violations of IPRA; (2) the use of ombudsmen to assist requesters and public bodies; (3) procedures to standardize the process; and the misuse of IPRA including possible penalties.  The Task Force must report its recommendations for legislation to the governor and legislature by December 15, 2025.  

Amendments:

 On February 24, 2025, the House Government, Elections and Indian Affairs Committee amended HB 283 as follows:
•	Amends what does not constitute a “commercial purpose” to include using a public record by an online media outlet.  
•	Shortens the period in which a public body has to remedy a violation to 15 days from receipt of the written notice, instead of 30 days. 
•	Provides that damages accrue from the day the public body was notified of the violation, instead of the 15th day following the day it was notified.