New Mexico 2021 Regular Session Status: In Committee 1 D cosponsors

SB 388 — IPRA FEES FOR ELECTRONIC DOCUMENTS

Last action — DO NOT PASS, replaced with committee substitute

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

46 added · 42 removed

Plain-language change summary

The updated version of Bill SB 388 removes all fees for providing copies of public records in certain formats, specifically eliminating any charges for electronic copies and limiting the maximum fee for printed documents to just 10 cents per page, down from the previous $1.00 limit. This change is significant because it makes accessing public records more affordable and straightforward for everyone, promoting greater transparency and public engagement. By lowering costs and simplifying the fee structure, the bill encourages more people to request and utilize public information.

→
Previous
Latest
SENATE BILL 388 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Michael Padilla 6 8 10 AN ACT RELATING TO PUBLIC RECORDS;
SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 388 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 4 6 8 10 AN ACT RELATING TO PUBLIC RECORDS;
ALLOWING A CUSTODIAN OF PUBLIC RECORDS TO CHARGE A REASONABLE FEE FOR ELECTRONIC DOCUMENTS.
ELIMINATING FEES AND CHARGES FOR ACTUAL COSTS FOR COPIES OF PUBLIC RECORDS.
.218708.1 Exempt information in an electronic document shall be removed along with the corresponding metadata prior to disclosure by utilizing methods or redaction tools that prevent the recovery of exempt information from a redacted electronic document.
.220025.1 SHPAC/SB 388 Exempt information in an electronic document shall be removed along with the corresponding metadata prior to disclosure by utilizing methods or redaction tools that prevent the recovery of exempt information from a redacted electronic document.
C.
[C.
Unless otherwise provided by law, a custodian:
A custodian:
(1) may charge [reasonable fees for copying the public records, unless a different fee is otherwise prescribed by law] a fee for providing a copy of a public record, but such fee shall not exceed the actual cost to the public body to provide the copy of the public record;
(1) may charge reasonable fees for copying the public records, unless a different fee is otherwise prescribed by law;
e t 17 (2) shall not charge fees in excess of [one w l n d 18 dollar ($1.00)] ten cents ($.10) per printed page for documents = = 19 a l eleven inches by seventeen inches in size or smaller;
(2) shall not charge fees in excess of one dollar ($1.00) per printed page for documents eleven inches by e t 17 seventeen inches in size or smaller;
i a e r 20 (3) may charge the actual costs associated a t m m 21 with downloading copies of public records to a computer disk or d r e 22 storage device, including the actual cost of the computer disk c e s k 23 or storage device;
w l n d 18 (3) may charge the actual costs associated = = 19 with downloading copies of public records to a computer disk or a l i a e r 20 storage device, including the actual cost of the computer disk a t m m 21 or storage device;
however, such charge shall not exceed ten e a n b 24 dollars ($10.00);
d r e 22 (4) may charge the actual costs associated c e s k 23 with transmitting copies of public records by mail, electronic e a n b 24 mail or facsimile;
u [ (4) may charge the actual costs associated .218708.1 - 2 - with transmitting copies of public records by mail, electronic mail or facsimile;
u [ (5) may require advance payment of the fees .220025.1 - 2 - SHPAC/SB 388 before making copies of public records;
(5) may require advance payment of the fees before making copies of public records;
D.
D.] C.
As used in this section, "actual cost" does not include labor costs or overhead costs.
Nothing in this section regarding the provision of public data in electronic format shall limit the ability of the custodian to engage in the sale of data as authorized by Sections 14-3-15.1 and 14-3-18 NMSA 1978, including imposing reasonable restrictions on the use of the database and the payment of a royalty or other consideration." SECTION 2.
[D.] E.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.
Nothing in this section regarding the provision of public data in electronic format shall limit the ability of the custodian to engage in the sale of data as authorized by Sections 14-3-15.1 and 14-3-18 NMSA 1978, including imposing reasonable restrictions on the use of the database and the payment of a royalty or other consideration." e t 17 SECTION 2.
- 3 - 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .220025.1
EFFECTIVE DATE.--The effective date of the w l n d 18 provisions of this act is July 1, 2021.
= = 19 a l - 3 - i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .218708.1
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

1 change Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill eliminates fees and charges associated with the copying of public records.

  • Section 14-2-9

    C. A custodian: (1) may charge reasonable fees for copying the public records, unless a different fee is otherwise prescribed by law; (2) shall not charge fees in excess of one dollar ($1.00) per printed page for documents eleven inches by seventeen inches in size or smaller; (3) may charge the actual costs associated with downloading copies of public records to a computer disk or storage device, including the actual cost of the computer disk or storage device; (4) may charge the actual costs associated with transmitting copies of public records by mail, electronic mail or facsimile; (5) may require advance payment of the fees before making copies of public records; (6) shall not charge a fee for the cost of determining whether any public record is subject to disclosure; (7) shall provide a receipt, upon request.

    Custodians of public records are no longer allowed to charge any fees for providing copies of those records.

Action History

  1. DO NOT PASS, replaced with committee substitute

  2. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 112 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 388?
SB 388 is sponsored by Michael Padilla (Democrat).
What is the current status of SB 388?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 388?
Track SB 388 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 388

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 388

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →