0001|                             HOUSE BILL 5
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                              Ted Hobbs
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     EXEMPTING FROM THE REQUIREMENTS OF THE INSPECTION OF PUBLIC
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0012|     RECORDS ACT A PUBLIC RECORD CONTAINING THE IDENTITY OF AN
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0013|     APPLICANT OR NOMINEE FOR CHIEF EXECUTIVE OFFICER OF A PUBLIC
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0014|     INSTITUTION OF HIGHER EDUCATION; REQUIRING NOTICE OF CERTAIN
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0015|     INFORMATION; DECLARING AN EMERGENCY. 
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  PART OF PUBLIC RECORD CONTAINING THE IDENTITY
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0019|     OF AN APPLICANT OR NOMINEE FOR CHIEF EXECUTIVE OFFICER OF A
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0020|     PUBLIC INSTITUTION OF HIGHER EDUCATION NOT SUBJECT TO THE
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0021|     PROVISIONS OF THE INSPECTION OF PUBLIC RECORDS ACT--
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0022|     REQUIREMENT FOR NOTICE.--
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0023|               A.  The part of a "public record", as that term is
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0024|     defined in Section 14-2-6 NMSA 1978, containing the identity
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0025|     of or identifying information relating to an applicant or
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0001|     nominee for the position of chief executive officer of a
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0002|     public institution of higher education is not subject to the
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0003|     provisions of the Inspection of Public Records Act. 
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0004|               B.  At least twenty-one days before the date of the
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0005|     meeting of the governing board of a public institution of
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0006|     higher education at which final action is taken on selection
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0007|     of the person for the position of chief executive officer of
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0008|     the institution, the governing board shall give public notice
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0009|     of the names of the finalists being considered for the
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0010|     position.  The required notice shall be given by publication
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0011|     in a newspaper of statewide circulation and in a newspaper of
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0012|     county-wide circulation in the county in which the institution
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0013|     is located.         
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0014|               C.  Action taken by a governing body without
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0015|     compliance with the notice requirements of this section is
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0016|     void. 
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0017|               D.  Nothing in this section prohibits a governing
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0018|     body from identifying or otherwise disclosing the information
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0019|     described in Subsection A of this section. 
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0020|          Section 2.  EMERGENCY.--It is necessary for the
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0021|     preservation of the public peace, health and safety that this
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0022|     act take effect immediately.
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0023|                              
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