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HJC/HJM 2
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A JOINT MEMORIAL
REQUESTING THE ATTORNEY GENERAL TO CONVENE A TASK FORCE TO
STUDY THE IMPLEMENTATION OF THE INSPECTION OF PUBLIC RECORDS
ACT AND FOR THAT TASK FORCE TO GATHER INPUT FROM RELEVANT
STAKEHOLDERS TO DETERMINE WHETHER ADMINISTRATIVE SOLUTIONS OR
LEGISLATIVE CHANGES ARE NECESSARY OR DESIRABLE AND, IF SO, TO
PROPOSE SUCH LEGISLATION FOR CONSIDERATION DURING THE FIRST
SESSION OF THE FIFTY-EIGHTH LEGISLATURE.
WHEREAS, the Inspection of Public Records Act provides
the public with access to public records of government
entities; and
WHEREAS, Section 14-2-1 NMSA 1978 declares that the
policy of the state is that "[e]very person has a right to
inspect public records of this state", with some exceptions;
and
WHEREAS, providing access to public records promotes
transparency in the operations of government and the conduct
of public officials and employees and enables members of the
public to hold government actors accountable; and
WHEREAS, the legislature has amended the Inspection of
Public Records Act over time and should continue to evaluate
that act to identify and implement improvements that promote
clarity in its application, enhance transparency in
government and strengthen public trust in state institutions;
HJC/HJM 2
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NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF NEW MEXICO that the attorney general be requested to
convene a task force to study the implementation of the
Inspection of Public Records Act; gather input from relevant
stakeholders; evaluate that act's workability and
effectiveness in ensuring government transparency and serving
the public interest; and, if necessary or desirable, propose
administrative solutions or legislation based on the task
force's findings and recommendations for consideration during
the first session of the fifty-eighth legislature; and
BE IT FURTHER RESOLVED that the task force consist of
one representative from each of the following: the
department of justice, the New Mexico municipal league, the
New Mexico association of counties, the New Mexico foundation
for open government, the American civil liberties union of
New Mexico, the New Mexico press association, a defense
attorney specializing in the Inspection of Public Records Act
and a plaintiff's attorney specializing in the Inspection of
Public Records Act; provided that the attorney general shall
appoint the defense attorney and plaintiff's attorney; and
BE IT FURTHER RESOLVED that the task force adhere to the
Open Meetings Act and allow the public and other governmental
entities to provide input on the work of the task force,
including input from public schools and public school
districts; institutions of higher education; the judicial
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branch of government, including district attorneys and public
defenders and their records custodians; and broadcast
journalists and other interested and affected parties; and
BE IT FURTHER RESOLVED that the task force report its
recommendations to the appropriate interim committee that
deals with courts, corrections and justice and the
legislative finance committee by October 1, 2026; and
BE IT FURTHER RESOLVED that a copy of this memorial be
transmitted to the attorney general.