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Public records bill could hike costs, limit access in state

SANTA FE, N.M. (AP) — Proposed legislation that would increase fees charged for public records in New Mexico and potentially limit access in certain cases is being called a "terrible anti-transparency" action by an open government advocacy group.
Sen. Pat Woods, R-Broadview, told the Roswell Daily Record that the main purpose of his proposed legislation is to allow public entities a way to recover the costs associated with fulfilling records requests.
"Essentially this law would increase service charge fees, not to exceed the actual costs. But if there was an extensive use of technological resources or labor, then they could recover those costs," said Woods, who represents District 7 that covers parts of Curry, Quay and Union counties.
Existing state law allows public bodies to charge for the costs of copies or digitally transferring files, not for the costs of compiling the records.
Woods' bill also contains provisions that would restrict access in certain cases, according to the Roswell newspaper.
The bill also would allow public entities to request gubernatorial authority to deny requests by commercial interests if they considered the request a "misuse or an abuse" of public records and to obtain court injunctions against incarcerated individuals if public agencies can prove that inmates' public record requests are meant to harass or intimidate.
It also would allow public entities to request gubernatorial authority to deny requests by commercial interests if they considered the request a "misuse or an abuse" of public records and to obtain court injunctions against incarcerated individuals if public agencies can prove that inmates' public record requests are meant to harass or intimidate.
Woods said his bill could help curb companies from obtaining email addresses or phone numbers used for solicitations or "spoofing" scams.
He said Arizona and four other states have similar statutes.
The New Mexico Foundation for Open Government and its member organizations the New Mexico Broadcasters Association and the New Mexico Press Association are opposing the bill.
"We have already paid for that (public records access) as taxpayers," said FOG Executive Director Melanie Majors. "Those materials have already been created and existed, are already paid for by taxpayers. We are just asking for access to them."
But Majors added that she's willing to meet with any legislator who thinks the current law needs to be changed.
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Information from: Roswell Daily Record, http://www.roswell-record.com