A. Notwithstanding any other provision of law, any public record deemed by law to be confidential and required by a records retention and disposition schedule to be maintained longer than twenty-five years shall not, after twenty-five years from the date of creation, be confidential and shall be accessible to the public, except:
(1) personal identification information deemed confidential by law, which shall remain confidential for one hundred years after the date of creation, unless a shorter duration is otherwise required by law;
(2) records that are confidential pursuant to Section 2-3-13 NMSA 1978, which shall remain confidential for seventy-five years after the date of creation;
(3) records that are confidential pursuant to Section 18-6-11.1 NMSA 1978; and
(4) records whose disclosure is prohibited by court action or federal law.
B. Nothing in this section shall limit or remove the discretion of a records custodian to withhold a public record pursuant to Section 14-2-1 NMSA 1978.
History: Laws 2005, ch. 79, § 2.
Effective dates. — Laws 2005, ch. 79 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
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 14-3-20 - Interstate compacts; filing; index.
Section 14-3-22 - Public policy on certain publications; state commission of public records duties.