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New Mexico

The New Mexico state code is in a public-access portal which does not allow direct linking. To access specific parts of the state code, go to the initial disclaimer page and search.

What is the law?

Binding, on-point law (about)

None

Advisory sources (about)

None

Public records law (about)

New Mexico has recognized a common law right of access to public records since at least 1925. 1925-26 N.M. Op. Att'y Gen. 10, cited here. New Mexico enacted their first open records law in 1947, and the current Inspection of Public Records Act may be found at N.M. Stat. Ann. § 14-2-1.

Does the public records law restrict the use of disclosed records?

By statute, "[n]o person requesting records shall be required to state the reason for inspecting the records." N.M. Stat. Ann. § 14-2-8(C). The format in which requested government data may be received, however, may be limited. The law allows government data provided in electronic format to be restricted to non-commercial and non-political uses without prior written approval. N.M. Stat. Ann. § 14-3-15.1(C)(2).

Specifics and examples (about)

Status Applies to... Based on?
Copyrightable by statute Intellectual property of the New Mexico Research Applications Center N.M. Stat. Ann. § 53-7B-5
Copyrightable by statute Intellectual property of the New Mexico Lottery Authority N.M. Stat. Ann. § 6-24-6
Copyrightable by administrative rule "copyrightable text, graphics, design, selection and arrangement of information" on the New Mexico Department of Workforce Solutions website N.M. Admin. Code § 11.3.100.107(F); see also http://www.dws.state.nm.us/TermsOfUse.aspx.
Copyright asserted by commission "text, graphics, images, multimedia, software, and other Web site content... [and] [t]he compilation (meaning the collection, arrangement and assembly) of all content on [the New Mexico Arts] Web site" http://www.nmarts.org/copyright-statement.html

Additional things to consider (about)

Specific records are occasionally referred to as "property of" a particular state entity in the New Mexico code: see N.M. Stat. Ann. § 60-1A-30 ("All personnel, records, equipment, supplies and other property of the state racing commission"); N.M. Stat. Ann. § 9-24-15 ("All appropriations, money, personnel, records, files, furniture, equipment, supplies and other property of the state department of public education"); N.M. Stat. Ann. § 6-5-2.1 ("books, accounts, reports, vouchers, correspondence files and other records, bank accounts, money and other property of a state agency").

N.M. Stat. Ann. § 14-5-3 authorizes state officers to make copies of public records found in the possession of private individuals.

Where else to go

Bibliography

Statutes

The New Mexico state code is in a public-access portal which does not allow direct linking. To access specific parts of the state code, go to the initial disclaimer page and search.

Administrative Rules

Attorney General Opinions

Other