A. The administrator may advise and assist county and municipal officials in the formulation of programs for the disposition of public records maintained in county and municipal offices.
B. Notwithstanding the provisions of Subsection E of this section, a county or municipality may charge a reasonable fee, as adopted by ordinance of the respective board of county commissioners or governing body of a municipality, for a document or product generated by a geographic information system.
C. Except as otherwise provided by federal or state law, information contained in a computer database shall be a public record and shall be subject to disclosure in printed or typed format by a county or municipality that has inserted that information into the database, in accordance with the Public Records Act.
D. The administrator may advise and assist county and municipal officials with the procedures, schedules and technical standards for the retention of computer databases.
E. A county or municipality that has inserted data in a computer database shall authorize an electronic copy to be made of the computer database of 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.
F. Subject to any confidentiality provisions of law, a county or municipality may permit another federal, state or local government entity access to all or any portion of a computer database created by the county or municipality.
G. A county or municipality 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 county or municipality's computer network.
History: 1953 Comp., § 71-6-17.1, enacted by Laws 1963, ch. 186, § 2; 1965, ch. 81, § 3; 2005, ch. 217, § 1.
The 2005 amendment, effective June 17, 2005, added Subsection B to provide that a county or a municipality may charge a reasonable fee for a document or product generated by a geographic information system; added Subsection C to provide that except as otherwise provide by law, information contained in a computer database is a public record subject to disclosure in printed or typed format in accordance with the Public Records Act; added Subsection D to provide that the administrator may advise and assist with procedures, schedules and technical standards for the retention of computer databases; added Subsection E to provide that an electronic copy of a database of a public record shall be made if the person requesting the record agrees to pay a reasonable fee for the cost of the materials, the making of the copy, and personnel time to research and retrieve the record; and added Subsection F to provide that subject to confidentiality provisions of law, an other governmental entity may have access to a computer database created by a county or municipality.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Section 14-3-3 - State commission of public records; creation.
Section 14-3-4 - Duties and powers of commission.
Section 14-3-5 - Gifts, donations and loans.
Section 14-3-6 - Administrator; duties.
Section 14-3-7 - Inspection and survey of public records.
Section 14-3-7.1 - Access to confidential records.
Section 14-3-8 - Records center.
Section 14-3-8.1 - Records center revolving fund; created; revenues from sales deposited in fund.
Section 14-3-9 - Disposition of public records.
Section 14-3-10 - Disagreement as to value of records.
Section 14-3-11 - Destruction of records.
Section 14-3-12 - Transfer of records upon termination of state agencies.
Section 14-3-13 - Protection of records.
Section 14-3-14 - Advisory groups.
Section 14-3-15 - Reproduction on film; evidence; review, inventory and approval of systems.
Section 14-3-15.2 - Electronic authentication; substitution for signature.
Section 14-3-16 - Attorney general may replevin state records.
Section 14-3-17 - Approval of existing state agency systems.
Section 14-3-18 - County and municipal records; geographic information system; computer databases; copy fees.
Section 14-3-20 - Interstate compacts; filing; index.
Section 14-3-22 - Public policy on certain publications; state commission of public records duties.