2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 3 - Public Records › Section 14-3-3 - State commission of public records; creation.

A. A "state commission of public records" is established consisting of:
(1) the secretary of state;
(2) the secretary of general services;
(3) the librarian of the supreme court law library;
(4) the secretary of cultural affairs;
(5) the state auditor;
(6) the attorney general; and
(7) a recognized, professionally trained historian in the field of New Mexico history, who is a resident in New Mexico, appointed by the governor for a term of six years.
B. Each member of the commission may designate an alternate to serve in the member's stead.
C. The commission shall elect one of its members to be chair and another to be secretary. The members of the commission shall serve without compensation other than actual expenses of attending meetings of the commission or while in performance of their official duties in connection with the business of the commission.
D. The commission shall hold not less than four meetings during each calendar year and may hold special meetings as may be necessary to transact business of the commission. All meetings shall be called by the chair or when requested in writing by any two members of the commission. Four members of the commission shall constitute a quorum.
E. The administrator shall attend all meetings of the commission.
History:
1953 Comp., § 71-6-3, enacted by Laws 1959, ch. 245, § 3; 1977, ch. 247, § 181; 1983, ch. 301, § 32; 2015, ch. 19, § 2.
ANNOTATIONS
Cross references.
— For Per Diem and Mileage Act,
see
10-8-1 NMSA 1978 et seq.
The 2015 amendment,
effective July 1, 2015, provided for new members on the state commission of public records; in Paragraph (3) of Subsection A, after "the", deleted "state law", and after "librarian", added "of the supreme court law library"; in Paragraph (4) of Subsection A, after "the", deleted "director of the museum of New Mexico" and added "secretary of cultural affairs"; in Paragraph (7) of Subsection A, after "history,", added "who is a"; designated the last sentence of Paragraph (7) of Subsection A as Subsection B and redesignated the succeeding subsections accordingly; in the present Subsection B, after "serve in", deleted "his" and added "the member's"; in the present Subsection C, after "members to be", deleted "chairman" and added "chair"; in the present Subsection D, after "called by the", deleted "chairman" and added "chair".
Governor has no constitutional or statutory power to establish agency to meet governmental printing and duplication needs
as a new division of the commission of public records whose existence and scope of functioning is based on a legislative enactment which cannot fairly be construed to include authority to undertake such services. 1969 Op. Att'y Gen. No. 69-03.
State commission of public records does not have the authority to conduct investigations into the compliance of state agencies with respect to their adherence to the requirements of the State Rules Act.
— New Mexico courts have consistently held that administrative bodies are creatures of statute and can act only on those matters which are within the scope of authority delegated to them. The State Rules Act, NMSA 1978, §§ 14-4-1 to -11, does not provide the state commission of public records the authority to independently investigate the actions of state agencies with respect to their adherence to the notice and hearing requirements of the State Rules Act.
Authority of Commission of Public Records and SRCA
(11/18/21), Att'y Gen. Adv. Ltr. 2021-13.