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HB 592: ECONOMIC DEVELOPMENT PROJECT PUBLIC INFO

An Act Relating To Local Economic Development; Exempting Certain Information Related To Local Economic Development From The Inspection Of Public Records Act; Defining "economic Development Corporation", "incentive Information" And "proprietary Technical Or Business Information"

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MILD HB 592
ECONOMIC DEVELOPMENT PROJECT PUBLIC INFO

Legislative URL:
HB 592 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[24] HBIC/HJC-HBIC [31] DP-HJC [39] DP/a - PASSED/H (55-9) [40] SJC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HBIC Committee Report
HJC Committee Report
Final House Vote
Fiscal Impact Report
Summary

This bill amends the Local Economic Development Act by adding a new section that exempts “proprietary technical or business information” related to local economic development from the Inspection of Public Records Act (IPRA). It also protects information that is related to the possible relocation or expansion of a qualifying entity. Incentive information is not subject to inspection under IPRA until a governing body introduces an ordinance related to a local economic development project to which the incentive information relates.

The bill defines “proprietary technical or business information” as “confidential information of a qualifying entity related to a local economic development project,” including:

  • business trade secrets;
  • a business’s or person’s commercial or financial information, the disclosure of which would cause substantial competitive harm or disadvantage to the business or person;
  • credit reports of a business’s principals and officers; and,
  • reports relating to a person’s background that contain information that is not publicly available or is protected by state or federal privacy laws.

 

An “economic development corporation” is one designated as such by the Economic Development Department or a local government’s governing body. “Incentive information” is information “about financial or other incentives offered to a business or person by an economic development corporation related to a local economic development project.”

One concern about this bill is that it might prohibit the public from accessing information that would be helpful in evaluating a local development project as it relates to air quality, water quality or supply, or transportation issues, and so forth. Another is that by protecting incentives information for a period of time, the public might not know about the possibility until negotiations are complete and the process of moving towards the adoption of an ordinance is well under way.

This bill is similar to, but not a companion to, House Bill 370 and Senate Bill 437.

Outcome: HB 592 passed the House (55-9) and died in the Senate Judiciary Committee.

Date of Summary:  2/18/13; Updated 5/15/13