New Mexico bill requiring fees for public records requests advances despite criticism
A bill that could impose new fees and limitations on public records requests has advanced through its first committee in the New Mexico House.
Orginially reported by the New Mexico Political Report, the bill, which was sponsored by democratic State Rep. Christine Chandler, passed with nearly unanimous support but has drawn criticism from government transparency advocates who argue it would further restrict public access to government information.
House Bill 283, which aims to address concerns from local municipalities and counties, would create a $30-per-hour fee for public records requests when the records are used for a “commercial purpose.”
Rep. Chandler defended the bill during a House committee meeting, noting that while it would streamline public records requests for government agencies, while also emphasizing the growing operational challenges and costs municipalities face in processing public records requests.
“HB 283 affords the public and the press an avenue to seek information, to be informed about government operations, and to hold people accountable and elected officials accountable as appropriate,” Chandler said. “But it has also turned into something that is very hard to manage for municipalities and counties in the state, and it’s becoming increasingly expensive.”
Despite the bill’s intended goals, advocates for open government, such as Christine Barber, the executive director of the New Mexico Foundation for Open Government, told NM Political Report that the $30-per-hour fee could disproportionately affect local businesses that rely on public records. These businesses include lawyers, real estate agents, architects, and other professionals who use public records for routine operations such as obtaining zoning information, property deeds, and building permits.
In addition to the fee, the bill includes provisions requiring requesters to notify government agencies when officials violate the state’s Inspection of Public Records Act (IPRA) and wait an additional 15 days before taking further action. IPRA currently mandates that public records requests be fulfilled no later than 15 days after submission.
The bill passed the House Government, Elections and Indian Affairs Committee by a 7-1 vote, with Rep. Angelita Mejia casting the sole dissenting vote. HB 283 will now move to the House Judiciary Committee for further consideration.
Posted: March 4, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, Government Transparency, open records laws, Secrecy Tracker