SB 98 — COMMERCIAL AEROSPACE PROTECTION ACT

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 98 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 4 6 8 10 AN ACT RELATING TO PUBLIC RECORDS;

167 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

Section 14-2-6 NMSA 1978 (being Laws 1993, w l n d 18 Chapter 258, Section 3, as amended by Laws 2013, Chapter 117, = = 19 Section 1 and by Laws 2013, Chapter 214, Section 2) is amended a l i a e r 20 to read:

a t m m 21 "14-2-6.

DEFINITIONS.--As used in the Inspection of d r e 22 Public Records Act:

c e s k 23 A.

"custodian" means any person responsible for the e a n b 24 maintenance, care or keeping of a public body's public records, u [ regardless of whether the records are in that person's actual .210428.5 SJC/SB 98 physical custody and control;

SJC/SB 98 E.

"protected personal identifier information" Page 1 means:

e e 17 F.

"public body" means the executive, legislative e e n d 18 and judicial branches of state and local governments and all = = l ] 19 advisory boards, commissions, committees, agencies or entities a l r i 20 created by the constitution or any branch of government that t e a t receives any public funding, including political subdivisions, m m 21 e d special taxing districts, school districts and institutions of r e 22 c e r c 23 higher education;

[and ] e a n b 24 G.

"public records" means all documents, papers, u [ letters, books, maps, tapes, photographs, recordings and other .210428.5 - 2 - SJC/SB 98 materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained;

Section 58-31-1 NMSA 1978 (being Laws 2005, SJC/SB 98 Page 2 Chapter 128, Section 1) is amended to read:

SHORT TITLE.--[ThisTITLE.--Chapter act] Chapter 58, Article 31 NMSA 1978 may be cited as the "Spaceport Development Act"." SECTION 3.

"[NEW"INFORMATION MATERIAL] INFORMATION NOT SUBJECT TO DISCLOSURE.--INSPECTION.-- A.

The following information shallobtained beby confidentialthe andauthority is not subject to inspection pursuant to the Inspection of e e 17 Public Records Act:

e(1) eproprietary ntechnical dor 18business (1)information, or information obtained by the authority that = = l ] 19 is related to specificthe technicalpossible relocation, expansion or businessoperations informationof thatits aaerospace lcustomers, rfor iwhich 20it is proprietarydemonstrated, andbased ison relatedspecific tofactual theevidence, possiblethat relocation,disclosure tof ethe ainformation twould expansioncause orsubstantial operationcompetitive ofharm itsto the aerospace customers;customer;

m m 21 e d (2) trade secrets, as defined in Subsection D r e 22 c e r c 23 of Section 57-3A-2 NMSA 1978;

providedand that(3) "independentinformation e a n b 24 economic value" as used in that definitionwould includescompromise informationthe uphysical [security created, obtained or incybersecurity the possession of the authority thatfacilities .210428.5 - 3 - SJC/SB 98 derives actual or potentialan valueaerospace forcustomer the business operation of the authority;authority.

(3) the identity of authority aerospace customers, if nondisclosure is requested by the customer;

and (4) information that would compromise the physical security or cybersecurity of authority facilities.

The presence in a record of information that need not be disclosed pursuant to Subsection A of this section does not exempt the record from disclosure." -SJC/SB 498 -Page 123 1425 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .210428.5