Bill to increase electronic record fees could be changed

A state Senator who introduced a bill to change New Mexico’s Inspection of Public Records Act (IPRA), now seems to be looking to change the language in his bill. Sen. John Sapien, D-Corrales, told the Santa Fe New Mexican Tuesday his bill to allow public bodies to charge up to $1.00 per page for electronic […]

Bill to increase electronic record fees could be changed

A state Senator who introduced a bill to change New Mexico’s Inspection of Public Records Act (IPRA), now seems to be looking to change the language in his bill.

Sen. John Sapien, D-Corrales, told the Santa Fe New Mexican Tuesday his bill to allow public bodies to charge up to $1.00 per page for electronic records was “not nefarious,” but instead was in response to public bodies being “deluged” with requests for free electronic records.

But when NM Political Report reached out to Sapien for further comment, a representative from his legislative office said the Senator did not want to talk about the bill.

Sisto Abeyta, on behalf of Sapien’s office, returned a call to NM Political Report and hinted Sapien’s bill may change, but he did not have specifics.

“We are going to hold off on the record right now because we’re still working through some issues with the bill,” Abeyta said. “So, this may not be the version in front of the committee but we’re working with all interested parties to try and figure this out.”

The New Mexico Foundation for Open Government said they oppose Sapien’s bill as it is currently written.

The concerns he raised with the Santa Fe New Mexican line up with a formal complaint NM Political Report filed against the University of New Mexico last year.

After NM Political Report filed the complaint against the UNM in August 2018, the New Mexico Attorney General’s Office determined the university did indeed violate IPRA. The complaint stemmed from a records request by NM Political Report regarding a legal settlement involving the university’s medical school and a former medical resident. UNM produced a single PDF file and a bill for more than $500 if NM Political Report wanted the electronic file transferred to a storage disk. The university ultimately gave NM Political Report 20 printed pages for free. According to IPRA, the school could have lawfully charged up to $1.00 per page, or $20.00, to recoup the cost of paper and printing.

Sapien also told the Santa Fe New Mexican that the cost of “putting together an electronic copy” is the same as what it costs to gather printed copies.  

IPRA does not, however, allow public bodies to recoup the cost of labor to gather documents.

A public body “may charge the actual costs associated with downloading copies of public records to a computer disk or storage device, including the actual cost of the computer disk or storage device,” the law states.

In a letter to UNM, the AG’s office wrote that the university would only be justified in charging $0.30 per electronic page if that were the actual cost to transfer the electronic file to a portable storage device. For context, IPRA states that charging for the time it takes to make physical copies is acceptable, but not the time it takes to gather records and determine which ones are considered public.

In contrast to UNM’s fees for electronic copies, in the past, other public bodies have provided NM Political Report electronic copies for the cost of a new storage device. Albuquerque Public Schools, for example, has provided electronic records for less that $20 to recoup the cost of a new storage device. In cases where files are small enough, APS has provided records for free via email.

Other public bodies are even more generous.  

Several days after the AG’s determination letter, NM Political Report requested records from the New Mexico Military Institute in Roswell regarding a separate story. The military institute not only did not charge for a portable storage device, but also express mailed it to NM Political Report for free.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Republican failed state house candidate Solomon Peña is facing more federal charges, this time on a murder-for-hire scheme.  Peña allegedly tried to hire two…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…

GET INVOLVED

© 2023 New Mexico Political Report