SANTA FE — The state House passed legislation Thursday that would revise New Mexico’s public records law to exempt from release certain cybersecurity records and law enforcement video of death notifications, nudity or certain other images.
The proposal, House Bill 232, also would require people requesting law enforcement video to include either a police report number, computer dispatch number or a date range. A request using a date range would need to include the officer name, time or location of what the requester is seeking.
Rep. Debbie Sariñana, an Albuquerque Democrat who sponsored the bill, said it would be the first substantial update to the state’s Inspection of Public Records Act in 30 years — a change necessary, she said, to address the proliferation of electronic records and information technology.
The New Mexico Foundation for Open Government has been involved in discussions about the bill and isn’t formally opposing the measure.
It won approval 46-19 with all dissenting votes from Republicans.
Rep. Cathrynn Brown, a Carlsbad Republican who opposed the bill, suggested the cybersecurity provisions might curtail scrutiny of voting machines and election technology.
“I’m concerned this bill might prevent citizens from questioning or challenging the use of certain election systems, software, connections to the internet, things like that,” she said.
Sariñana said the proposal would have no impact on the election code. Rather, she said, the changes are intended to prevent records requests that might reveal security protocols, such as the length of suggested passwords.
“We’re looking at protecting IT systems,” Sariñana said.
The state Inspection of Public Records Act allows the public — and media outlets — to obtain police reports, official correspondence involving elected officials and other government records.
The law already has exemptions for trade secrets, documents outlining medical treatments and law enforcement records that reveal confidential sources, among other exceptions.
Footage from body cameras — which New Mexico law enforcement officers are required to wear under a 2020 state statute — is available under the open records law.
The bill would shield from disclosure certain tourism marketing records, information technology vulnerabilities and law enforcement records.
In some cases, people who want to view law enforcement video covered by an exemption — such as a death notification or nudity — could do so but wouldn’t be permitted to make a copy.
The measure now heads to the Senate in the final nine days of the legislative session.
Sen. Daniel Ivey-Soto, D-Albuquerque, is jointly sponsoring the bill with Sariñana.
