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HB 370: INSPECTION OF SOME ECONOMIC DEVELOPMENT INFO

An Act Relating To Local Economic Development; Exempting Certain Information Related To Local Economic Development From The Inspection Of Public Records Act; Defining "proprietary Technical Or Business Information"; Providing Penalties.

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MILD HB 370
INSPECTION OF SOME ECONOMIC DEVELOPMENT INFO

Legislative URL:
HB 370 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[12] HBIC/HJC-HBIC API.
Issue(s):

Companion Bills

Bills:
INSPECTION OF SOME ECONOMIC DEVELOPMENT INFO

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
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. It also protects information that is related to the possible relocation or expansion of a qualifying entity. The measure makes it unlawful for employees and former employees of municipal and county governments to reveal such information, except in response to an order of a court, and subjects them to a misdemeanor penalty.

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.

 

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.

This bill is a companion to Senate Bill 437.

Outcome: HB 370 died in the House Business and Industry Committee.

Date of Summary:  2/8/13; Updated 5/21/13