SENATE BILL 829
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Michael S. Sanchez
AN ACT
RELATING TO PUBLIC RECORDS; PROVIDING FOR COMPUTER DATABASE INFORMATION OF THE STATE AS PUBLIC RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public Records Act is enacted to read:
"[NEW MATERIAL] STATE RECORDS--COMPUTER DATABASES--COPY FEES.--
A. Except as otherwise provided by federal or state law, information contained in a computer database is a public record and shall be subject to disclosure in printed or typed format if the state has inserted that information into the database, in accordance with the Public Records Act.
B. The state shall authorize an electronic copy of information contained in a computer database that is a public record on a currently available electronic medium for a person if the person agrees to pay a reasonable fee based upon the cost of:
(1) materials;
(2) making an electronic copy of the computer database; and
(3) personnel time to research and retrieve the electronic record.
C. Subject to any confidentiality provisions of law, the state may permit another federal, state or local government entity access to all or any portion of a computer database created by the state.
D. The state may at its option, and if it has the capability, permit access or use of its computer and network system to search, manipulate or retrieve information from a computer database and charge reasonable fees based on the cost of materials, personnel time, access time and the use of the computer network."
Section 2. Section 14-3-15.1 NMSA 1978 (being Laws 1986, Chapter 81, Section 9, as amended) is amended to read:
"14-3-15.1. RECORDS OF STATE AGENCIES--PUBLIC RECORDS--COPY FEES--COMPUTER DATABASES--CRIMINAL PENALTY.--
A. Except as otherwise provided by federal or state law, information contained in information systems databases shall be a public record and shall be subject to disclosure in printed or typed format by the state agency that has inserted that information into the database, in accordance with the Public Records Act, upon the payment of a reasonable fee for the service.
B. The administrator shall recommend to the commission the procedures, schedules and technical standards for the retention of computer databases.
[C. The state agency that has inserted data in a database may authorize a copy to be made of a computer tape or other medium containing a computerized database of a public record for any person if the person agrees:
(1) not to make unauthorized copies of the database;
(2) not to use the database for any political or commercial purpose unless the purpose and use is approved in writing by the state agency that created the database;
(3) not to use the database for solicitation or advertisement when the database contains the name, address or telephone number of any person unless such use is otherwise specifically authorized by law;
(4) not to allow access to the database by any other person unless the use is approved in writing by the state agency that created the database; and
(5) to pay a royalty or other consideration to the state as may be agreed upon by the state agency that created the database.
D.] C. If more than one state agency is responsible for the information inserted in the database, the agencies shall enter into an agreement designating a lead agency. If the agencies cannot agree as to the designation of a lead state agency, the commission shall designate one of the state agencies as the lead agency to carry out the responsibilities set forth in this section.
[E.] D. Subject to any confidentiality provisions of law, any state agency may permit another state agency access to all or any portion of a computerized database created by a state agency.
[F.] E. If information contained in a database is searched, manipulated or retrieved or a copy of the database is made for any private or nonpublic use, a fee shall be charged by the state agency permitting access or use of the database.
[G. Except as authorized by law or rule of the commission, any person who reveals to any unauthorized person information contained in a computer database or who uses or permits the unauthorized use or access of any computer database is guilty of a misdemeanor, and upon conviction the court shall sentence that person to jail for a definite term not to exceed one year or to payment of a fine not to exceed five thousand dollars ($5,000) or both. That person shall not be employed by the state for a period of five years after the date of conviction.]"
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