HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE JOINT MEMORIAL 2

57th legislature - STATE OF NEW MEXICO - second session, 2026

 

 

 

 

 

 

 

A JOINT MEMORIAL

REQUESTING THE ATTORNEY GENERAL TO CONVENE A TASK FORCE TO STUDY THE IMPLEMENTATION OF THE INSPECTION OF PUBLIC RECORDS ACT AND FOR THAT TASK FORCE TO GATHER INPUT FROM RELEVANT STAKEHOLDERS TO DETERMINE WHETHER ADMINISTRATIVE SOLUTIONS OR LEGISLATIVE CHANGES ARE NECESSARY OR DESIRABLE AND, IF SO, TO PROPOSE SUCH LEGISLATION FOR CONSIDERATION DURING THE FIRST SESSION OF THE FIFTY-EIGHTH LEGISLATURE.

 

     WHEREAS, the Inspection of Public Records Act provides the public with access to public records of government entities; and

     WHEREAS, Section 14-2-1 NMSA 1978 declares that the policy of the state is that "[e]very person has a right to inspect public records of this state", with some exceptions; and

     WHEREAS, providing access to public records promotes transparency in the operations of government and the conduct of public officials and employees and enables members of the public to hold government actors accountable; and

     WHEREAS, the legislature has amended the Inspection of Public Records Act over time and should continue to evaluate that act to identify and implement improvements that promote clarity in its application, enhance transparency in government and strengthen public trust in state institutions;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the attorney general be requested to convene a task force to study the implementation of the Inspection of Public Records Act; gather input from relevant stakeholders; evaluate that act's workability and effectiveness in ensuring government transparency and serving the public interest; and, if necessary or desirable, propose administrative solutions or legislation based on the task force's findings and recommendations for consideration during the first session of the fifty-eighth legislature; and

     BE IT FURTHER RESOLVED that the task force consist of one representative from each of the following: the department of justice, the New Mexico municipal league, the New Mexico association of counties, the New Mexico foundation for open government, the American civil liberties union of New Mexico, the New Mexico press association, a defense attorney specializing in the Inspection of Public Records Act and a plaintiff's attorney specializing in the Inspection of Public Records Act; provided that the attorney general shall appoint the defense attorney and plaintiff's attorney; and

     BE IT FURTHER RESOLVED that the task force adhere to the Open Meetings Act and allow the public and other governmental entities to provide input on the work of the task force, including input from public schools and public school districts; institutions of higher education; the judicial branch of government, including district attorneys and public defenders and their records custodians; and broadcast journalists and other interested and affected parties; and

     BE IT FURTHER RESOLVED that the task force report its recommendations to the appropriate interim committee that deals with courts, corrections and justice and the legislative finance committee by October 1, 2026; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the attorney general.

- 3 -