SENATE BILL 342
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO PUBLIC RECORDS; PROVIDING AN EXCEPTION FOR PROTECTED UTILITY CUSTOMER DATA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 14-2-1.1 NMSA 1978 (being Laws 2019, Chapter 27, Section 2) is amended to read:
"14-2-1.1. PERSONAL IDENTIFIER INFORMATION--PROTECTED UTILITY CUSTOMER DATA.--
A. 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 websites operated by or managed on behalf of a public body.
B. Protected utility customer data contained in public records may be redacted by a public body before inspection or copying of the record. The presence of protected utility customer data in a record does not exempt the record from inspection. Unredacted records that contain protected utility customer data shall not be made available on publicly accessible websites operated by or managed on behalf of a public body."
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 Public Records Act:
A. "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. "file format" means the internal structure of an electronic file that defines the way it is stored and used;
C. "inspect" means to review all public records that are not excluded in Section 14-2-1 NMSA 1978;
D. "person" means any individual, corporation, partnership, firm, association or entity;
E. "protected personal identifier information" means:
(1) all but the last four digits of a:
(a) taxpayer identification number;
(b) financial account number; or
(c) driver's license number;
(2) all but the year of a person's date of birth; and
(3) a social security number;
F. "protected utility customer data" means data collected by automated utility metering that shows a person's utility usage data in intervals shorter than the monthly billing cycle;
[F.] G. "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;
[G.] H. "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
[H.] I. "trade secret" means trade secret as defined in Subsection D of Section 57-3A-2 NMSA 1978."
- 4 -