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By Jesse Jones

Democratic Rep. Kathleen Cates of Rio Rancho announced she will not pursue House Bill 139, which would have added restrictions to the state’s public records law, with the justification of easing administrative burdens.

The bill aimed to limit, in some cases, who could request records and give government agencies the power to deny requests from requesters deemed problematic. Critics warned it could harm government transparency and accountability.

Cates told the Signpost she รขโ‚ฌล“will not be pursuingรขโ‚ฌย the bill this legislative session but appreciates the feedback from opponents.

รขโ‚ฌล“My goal was to open the conversation about how to deliver transparency in our government without creating undue burdens for small and rural municipalities with limited resources,รขโ‚ฌย Cates said. 

Amanda Lavin, the legal director of the New Mexico Foundation for Open Government (NMFOG) รขโ‚ฌโ€ a group that strongly opposed the bill รขโ‚ฌโ€ said the legislation was the wrong way to start a conversation. 

รขโ‚ฌล“While we are grateful that itรขโ‚ฌโ„ขs not going to be pursued, we don’t think it was a productive way to initiate any sort of conversation about how IPRA can be improved just because it kind of flies in the face of what we understand to be New Mexicoรขโ‚ฌโ„ขs emphasis on transparency and strong open records laws,รขโ‚ฌย Lavin said.

The bill would have allowed a $30 fee for locating and redacting records, denying requests that disrupt operations and blocking รขโ‚ฌล“vexatiousรขโ‚ฌย or annoying requesters for up to three years.

The bill would have also exempted certain records, including those related to law enforcement, infrastructure, cybersecurity and election processes.

The bill, which was supported by the nonprofit advocacy group New Mexico Counties, was drafted and brought to Cates by Sandoval County Attorney Michael Eshleman. The New Mexico Municipal League supports modernizing the current IPRA laws and drafted a report evaluating the stateรขโ‚ฌโ„ขs Inspection of Public Records Act (IPRA) and its impact on local governments.

Eshleman believes New Mexico Counties will back Rep. Christine Chandlerรขโ‚ฌโ„ขs IPRA bill since Cateรขโ‚ฌโ„ขs bill will not move forward.

He said Chandlerรขโ‚ฌโ„ขs bill makes minor changes to the law, including creating a task force to review potential updates.

Eshleman said IPRA requests place the greatest burden on county clerks and sheriffs statewide.

รขโ‚ฌล“We spend a lot of time on IPRA here at the county. I think we received about 1,500 requests last year. In the city of Albuquerque, they had 10,000 plus,รขโ‚ฌย he said.

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