SENATE BILL 429
53rd legislature - STATE OF NEW MEXICO - first session, 2017
Mary Kay Papen
RELATING TO PUBLIC RECORDS; ENACTING THE SPACEPORT CONFIDENTIAL RECORDS ACT; EXEMPTING CERTAIN SENSITIVE SPACEPORT AUTHORITY- MAINTAINED RECORDS FROM THE INSPECTION OF PUBLIC RECORDS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 4 of this act may be cited as the "Spaceport Confidential Records Act".
SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the Spaceport Confidential Records Act is to:
A. protect sensitive and proprietary private entity customer information maintained by the spaceport authority in the development of the space business in New Mexico;
B. encourage and foster an environment in which private entities will invest, establish their businesses and create jobs at a spaceport; and
C. protect information pertaining to spaceport authority security and cyberinfrastructure that could be used to facilitate the planning or execution of a terrorist attack.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Spaceport Confidential Records Act:
A. "authority" means the spaceport authority created pursuant to the Spaceport Development Act;
B. "customer" means a person, including an individual, organization or business, that provides revenue to the authority;
C. "customer information" means all records relating to a customer or potential customer, including a customer's or potential customer's:
(8) visitor logs;
(10) security protocols; and
(11) sensitive or proprietary data;
D. "cyberinfrastructure information" means all records relating to the authority's computing systems, data storage systems, advanced instruments, data repositories and visualization environments, including the authority's network diagrams, cyber-vulnerability assessments and spaceport facility technology;
E. "potential customer" means a person, including an individual, organization or business, that proposes to provide revenue to the authority;
F. "record" 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 the authority;
G. "security information" means all records relating to the physical security of the authority or a spaceport, including security logs, visitor logs, security manuals, security reports, security personnel data, security video footage and diagrams of security systems; and
H. "spaceport" means a facility in New Mexico, under the direction of the authority, at which space vehicles may be launched or landed, including all facilities and support infrastructure related to launch, landing or payload processing.
SECTION 4. [NEW MATERIAL] CONFIDENTIAL SPACEPORT RECORDS EXEMPT FROM INSPECTION.--
A. Cyberinfrastructure information and security information shall be maintained as confidential and are exempt from inspection pursuant to the provisions of the Inspection of Public Records Act.
B. Customer information shall be maintained as confidential and is exempt from inspection pursuant to the provisions of the Inspection of Public Records Act unless the customer informs the authority that all or part of the records relating to the customer are not considered by the customer to contain sensitive, proprietary or confidential information.
SECTION 5. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:
"14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.--
A. Every person has a right to inspect public records of this state except:
(1) records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;
(2) letters of reference concerning employment, licensing or permits;
(3) letters or memoranda that are matters of opinion in personnel files or students' cumulative files;
(4) law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime. Law enforcement records include 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 paragraph;
(5) as provided by the Confidential Materials Act;
(6) trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;
(7) tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack; [and]
(8) as provided by the Spaceport Confidential Records Act; and
[(8)] (9) as otherwise provided by law.
B. Protected personal identifier information contained in public records may be redacted by a public body before inspection or copying of a record. The presence of protected personal identifier information on a record does not exempt the record from inspection. Unredacted records that contain protected personal identifier information shall not be made available on publicly accessible [web sites] websites operated by or managed on behalf of a public body."
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