New Mexico State Laws on Optical Images
State Archivist and Records Manager:
L. Elaine Olah, State Records Administrator
404 Montezuma Ave., Santa Fe NM 87501
505-827-7332 fax: 505-827-7331
Sandra Jaramillo, History & Archives Div. Director
Donald Padilla, Records Mgmt. Div. Director
43220 Yale Blvd. NE, Suite A, Albuquerque NM 87107
505-841-4399 fax: 505-841-4398
New Mexico Commission of Pubhc Records
STATE RECORDS CENTER and ARCHIVES
404 Montezuma Ave., Santa Fc, New Mexico, 87501-2502 --(505 } 827-7332 Fax 827-7331
January 3, 1997
Douglas Vogt
Archive Index System, Inc.Dear Mr. Vogt:
The New Mexico's Public Records Act, 14-3, NMSA 1978 as amended, encompasses optical imaging and electronic records. The Act includes: definitions in 14-3-2 of"public record" and "microphotography"; 14-3-6 discusses the duties of the administrator in developing records disposal schedules, 14-3-9 discusses the disposition of public records; microphotography is discussed in 14-3-15; and computer databases are specifically addressed in 14-3- ! 5.1; electronic authentication is covered in 14-3-15.2 and contains several cross references for electronic filing.
The Commission of Public Records has issued regulations which might be useful to you. The Performance Guidelines for the Legal Acceptance of Public Records Produced by Information Technology Systems, originally filed as 1 NMAC 3.50 (to be reftled as 1 NMAC 3.2.70. I) and the Microphotography Standards, 1 NMAC 3.2.60.1. We individually assess and identify electronic records in the record retention and disposition schedules of various agencies and in the general schedules for all agencies.
Photocopies are of course available, but due to the length of the documents we must charge for photocopies made. It is also the policy of the agency to collect these in advance. The documents you request run 59 pages. The total cost to you for reproduction is $14.75.
New Mexico statutes and the New Mexico Administrative Code are available on CD from the Miehie Company and on the lnternet at HTTP://www.michie.com. A caveat, the Administrative Code is not complete, e.g., all regulations have not been converted to the Code format.
Best wishes in completing your very worthwhile project.
L. Elaine Olah, State Records Administrator
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Chapter 66 Motor Vehicles
Chapter 66, Article 2 Motor Vehicle Division of Taxation and Revenue
Department
66-2-7 Records of the department
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...previous
C. The department may copy or abstract records of the department relating
to the administration and enforcement of the Motor Vehicle Code and any
other law relating to motor vehicles, the administration and enforcement of
which is charged to the department to the extent permitted by law. The
copies or abstracts may be made in paper, electronic, microfilm,
optical or other formats. Duly certified copies of official
records shall be deemed valid and given the same weight and consideration
as original records.
D. Any person may purchase copies, printouts or abstracts of records of the
department described in Subsection A of this section. The copies, printouts
or abstracts may be made in paper, electronic, microfilm, optical
or other formats. The department may make a reasonable charge for
the furnishing of all copies, printouts or abstracts. All fees so collected
shall be paid to the state treasurer and distributed in accordance with
Section 66-6-23 NMSA 1978.
History: 1953 Comp., § 64-2-7, enacted by Laws 1978, ch. 35, § 11; 1981,
ch. 361, § 3; 1985, ch. 26, § 1; 1991, ch. 160, § 7; 1995, ch. 135, § 3.
Set 22 Rules Governing the Recording of Judicial Proceedings (1996
Supp.)
Set 22, Article 5 Regulations of the Board (1996 Supp.)
SCRA 22-504 Retention of notes (1996 Repl.)
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All certified court reporters, other than official reporters who are
governed by the Supreme Court approved records retention schedule, shall
retain untranscribed shorthand or tape recorded notes of depositions, or
other proceedings other than trial proceedings, for not less than three (3)
years; notes of transcribed depositions, or other proceedings described
hereinabove, shall be retained for not less than one (1) year by the
certified court reporter who reported the judicial proceedings.
Preservation of original shorthand notes shall be appropriately identified
and dated by the court reporter. Storage shall be through the original
paper notes or an electronic copy of either the shorthand notes or the
English transcript of the notes on computer disks, cassettes, backup tape
systems or optical or laser disc systems. All such notes
shall be safely stored and appropriately identified and dated by the court
reporter. Notes of all trial or other courtroom proceedings, whether
transcribed or not, shall be delivered to the clerk of the court or court
administrator as provided under the Supreme Court's record retention
schedule.
[As amended, effective December 1, 1993; March 15, 1995.]
Chapter 55, Article 4 Bank Deposits and Collections
Chapter 55, Article 4, Part 1 General Provisions and Definitions
55-4-107 Separate office of a bank
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A branch or separate office of a bank is a separate bank for the purpose of
computing the time within which and determining the place at or to which
action may be taken or notices or orders must be given under this article
and under Article 3.
History: 1953 Comp., § 50A-4-106, enacted by Laws 1961, ch. 96, § 4-106;
1967, ch. 186, § 12; 1978 Comp., § 55-4-106, recompiled as 1978 Comp., §
55-4-107 by Laws 1992, ch. 114, § 162.
55-4-108. Time of receipt of items.
(a) For the purpose of allowing time to process items, prove balances and
make the necessary entries on its books to determine its position for the
day, a bank may fix an afternoon hour of two p.m. or later as a cutoff hour
for the handling of money and items and the making of entries on its books.
(b) An item or deposit of money received on any day after a cutoff hour so
fixed or after the close of the banking day may be treated as being
received at the opening of the next banking day.
History: 1953 Comp., § 50A-4-107, enacted by Laws 1961, ch. 96, § 4-107;
1978 Comp., § 55-4-107, recompiled as 1978 Comp., § 55-4-108 by Laws 1992,
ch. 114, § 163.
55-4-109. Delays.
(a) Unless otherwise instructed, a collecting bank in a good faith effort
to secure payment of a specific item drawn on a payor other than a bank,
and with or without the approval of any person involved, may waive, modify
or extend time limits imposed or permitted by the Uniform Commercial Code
for a period not exceeding two additional banking days without discharge of
drawers or indorsers or liability to its transferor or a prior party.
(b) Delay by a collecting bank or payor bank beyond time limits prescribed
or permitted by the Uniform Commercial Code or by instructions is excused
if (i) the delay is caused by interruption of communication or computer
facilities, suspension of payments by another bank, war, emergency
conditions, failure of equipment or other circumstances beyond the control
of the bank and (ii) the bank exercises such diligence as the circumstances
require.
History: 1953 Comp., § 50A-4-108, enacted by Laws 1961, ch. 96, § 4-108;
1978 Comp., § 55-4-108, recompiled as 1978 Comp., § 55-4-109 by Laws 1992,
ch. 114, § 164.
55-4-110. Electronic presentment.
Chapter 55, Article 4 Bank Deposits and Collections
Chapter 55, Article 4, Part 1 General Provisions and Definitions
55-4-110 Electronic presentment
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(a) "Agreement for electronic presentment" means an
agreement, clearing-house rule or federal reserve regulation or operating
circular providing that presentment of an item may be made by transmission
of an image of an item or information describing the item
("presentment notice") rather than delivery of the item itself. The
agreement may provide for procedures governing retention, presentment,
payment, dishonor and other matters concerning items subject to the
agreement.
(b) Presentment of an item pursuant to an agreement for presentment is made
when the presentment notice is received.
(c) If presentment is made by presentment notice, a reference to "item" or
"check" in this article means the presentment notice unless the context
otherwise indicates.
History: 1978 Comp., § 55-4-110, enacted by Laws 1992, ch. 114, § 165.
55-4-111. Statute of limitations.
An action to enforce an obligation, duty or right arising under this
article must be commenced within three years after the cause of action
accrues.
History: 1978 Comp., § 55-4-111, enacted by Laws 1992, ch. 114, § 166.
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PART 2
COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS
55-4-201. Status of collecting banks as agent and provisional status of
credits; applicability of article; item indorsed "pay any bank".
(a) Unless a contrary intent clearly appears and before the time that a
settlement given by a collecting bank for an item is or becomes final, the
bank, with respect to the item, is an agent or sub-agent of the owner of
the item and any settlement given for the item is provisional. This
provision applies regardless of the form of indorsement or lack of
indorsement and even though credit given for the item is subject to
immediate withdrawal as of right or is in fact withdrawn; but the
continuance of ownership of an item by its owner and any rights of the
owner to proceeds of the item are subject to rights of a collecting bank,
such as those resulting from outstanding advances on the item and rights of
recoupment or setoff. If an item is handled by banks for purposes of
presentment, payment, collection, or return, the relevant provisions of
this article apply even though action of the parties clearly establishes
that a particular bank has purchased the item and is the owner of it.
(b) After an item has been indorsed with the words "pay any bank" or the
like, only a bank may acquire the rights of a holder until the item has
been:
(1) returned to the customer initiating collection; or
Chapter 55, Article 9 Secured Transactions; Sales of Accounts, Contract
Rights and Chattel Paper
Chapter 55, Article 9, Part 4 Filing
55-9-403 What constitutes filing; duration of filing; effect of
lapsed filing; duties of filing officer
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(3) A continuation statement may be filed by the secured party within six
months prior to the expiration of the five-year period specified in
Subsection (2) of this section. Any such continuation statement must be
signed by the secured party, identify the original statement by file number
and state that the original statement is still effective. A continuation
statement signed by a person other than the secured party of record must be
accompanied by a separate written statement of assignment signed by the
secured party of record and complying with Subsection (2) of Section
55-9-405 NMSA 1978, including payment of the required fee. Upon timely
filing of the continuation statement, the effectiveness of the original
statement is continued for five years after the last date to which the
filing was effective whereupon it lapses in the same manner as provided in
Subsection (2) of this section, unless another continuation statement is
filed prior to such lapse. Succeeding continuation statements may be filed
in the same manner to continue the effectiveness of the original statement.
Unless a statute on disposition of public records provides otherwise, the
filing officer may remove a lapsed statement from the files and destroy it
immediately if he has retained a microfilm or other
photographic record, or in other cases after one year after the lapse. The
filing officer shall so arrange matters by physical annexation of financing
statements to continuation statements or other related filings, or by other
means, that if he physically destroys the financing statements of a period
more than five years past, those which have been continued by a
continuation statement or which are still effective under Subsection (6) of
this section shall be retained.
(4) Except as provided in Subsection (7) of this section a filing officer
shall mark each statement with a file number and with the date and hour of
filing and shall hold the statement or a microfilm or other
photographic copy thereof for public inspection. In addition the filing
officer shall index the statements according to the name of the debtor and
shall note in the index the file number and the address of the debtor given
in the statement.
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55-9-404. Termination statement.
(1) If a financing statement covering consumer goods is filed on or after
January 1, 1986, then within one month or within ten days following written
demand by the debtor after there is no outstanding secured obligation and
no commitment to make advances, incur obligations or otherwise give value,
the secured party must file with each filing officer with whom the
financing statement was filed a termination statement to the effect that he
no longer claims a security interest under the financing statement, which
shall be identified by file number. In other cases whenever there is no
outstanding secured obligation and no commitment to make advances, incur
obligations or otherwise give value, the secured party must on written
demand by the debtor send the debtor, for each filing officer with whom the
financing statement was filed, a termination statement to the effect that
he no longer claims a security interest under the financing statement,
which shall be identified by file number. A termination statement signed by
a person other than the secured party of record must be accompanied by a
separate written statement of assignment signed by the secured party of
record complying with Subsection (2) of Section 55-9-405 NMSA 1978,
including payment of the required fee. If the affected secured party fails
to file such a termination statement as required by this subsection, or to
send such a termination statement within ten days after proper demand
therefor he shall be liable to the debtor for one hundred dollars ($100),
and in addition for any loss caused to the debtor by such failure.
(2) On presentation to the filing officer of such a termination statement
he must note it in the index. If he has received the termination statement
in duplicate, he shall return one copy of the termination statement to the
secured party stamped to show the time of receipt thereof. If the filing
officer has a microfilm or other photographic record of the
financing statement, and of any related continuation statement, statement
of assignment and statement of release, he may remove the originals from
the files at any time after receipt of the termination statement, or if he
has no such record, he may remove them from the files at any time after one
year after receipt of the termination statement.
(3) The uniform fee for filing and indexing the termination statement shall
be eleven dollars fifty cents ($11.50) if the statement consists of one
page otherwise fifteen dollars ($15.00).
History: 1953 Comp., § 50A-9-404, enacted by Laws 1961, ch. 96, § 9-404;
1977, ch. 179, § 2; 1985, ch. 113, § 2; 1985, ch. 193, § 29; 1986, ch. 36, § 2.
Chapter 58, Article 13B Securities Act of 1986
Chapter 58, Article 13B, Part 2 Licensing of Broker-Dealers, Sales
Representatives, Investment Advisers and Investment Adviser Representatives
58-13B-13 Post-licensing requirements
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H. Required records may be maintained in computer or microfilm
format or any other form of data storage, provided that the records
are readily accessible to the director.
I. Required records shall be preserved for five years unless the director
by rule specifies either a longer or shorter period for a particular type
or class of records.
J. If the information contained in a document filed with the director as
part of the application for licensing or under this section, except
information the director by rule or order excludes, is or becomes
inaccurate or incomplete in a material respect, the licensed person shall
promptly file correcting information, unless notification of termination
has been given under Subsection E or G of Section 11 [58-13B-11 NMSA 1978]
of the New Mexico Securities Act of 1986.
History: Laws 1986, ch. 7, § 13.
58-13B-52. Administrative files and records.
A. The director shall keep a register of:
(1) all applications for licensing and registration under the New Mexico
Securities Act of 1986 [58-13B-1 to 58-13B-57 NMSA 1978];
(2) all licenses and registration statements that become effective under
that act;
(3) all disciplinary and enforcement orders issued and reports of
investigation made under that act;
(4) all interpretative opinions rendered; and
(5) all other orders issued under that act.
B. The director shall maintain records consistent with applicable law and
shall by rule set the periods of time for which particular files and
records shall be retained.
C. All records required to be maintained by Subsections A and B of this
section may be maintained in computer or microfilm format or
any other form of data storage.
D. Upon request, the director shall certify under the seal of office a copy
as being a true and correct copy of the records maintained by the office.
The director by rule may make reasonable charges for the furnishing or
certifying of copies. In an investigation or proceeding under the New
Mexico Securities Act of 1986, a copy so certified is prima facie evidence
of the contents of the records certified.
History: Laws 1986, ch. 7, § 52.
ARTICLE 6
HEALTH AND HOSPITAL RECORDS
Section
14-6-1. Health information; confidentiality; immunity from liability for furnishing.
14-6-2. Hospital records; retention.
14-6-1. Health information; confidentiality; immunity from liability for furnishing.
A. All health information that relates to and identifies specific
individuals as patients is strictly confidential and shall not be a matter
of public record or accessible to the public even though the information is
in the custody of or contained in the records of a governmental agency or
its agent, a state educational institution, a duly organized state or
county association of licensed physicians or dentists, a licensed health
facility or staff committees of such facilities.
B. A custodian of information classified as confidential in Subsection A
may furnish the information upon request to a governmental agency or its
agent, a state educational institution, a duly organized state or county
association of licensed physicians or dentists, a licensed health facility
or staff committees of such facilities, and the custodian furnishing the
information shall not be liable for damages to any person for having
furnished the information.
C. Statistical studies and research reports based upon confidential
information may be published or furnished to the public, but these studies
and reports shall not in any way identify individual patients directly or
indirectly nor in any way violate the privileged or confidential nature of
the relationship and communications between practitioner and patient.
D. This section does not affect the status of original medical records of
individual patients and the rules of confidentiality and accessibility
applicable to these records continue in force. This section does not affect
the status of vital statistical records of the health and environment
department.
History: 1953 Comp., § 12-18-1, enacted by Laws 1971, ch. 137, § 1, and
recompiled as 1953 Comp., § 12-25-6, by Laws 1972, ch. 51, § 9; 1977, ch.
253, § 37.
14-6-2. Hospital records; retention.
A. Unless provided otherwise in this section, a hospital shall retain and
preserve all records directly relating to the care and treatment of a
patient for a period of ten years following the last discharge of the
patient. Retention and preservation of such records in microfilm
or other photographically reproduced form shall be deemed
compliance with this subsection and such reproduced and retained copies
shall be deemed originals for the purposes of the rules of evidence
promulgated by the supreme court of New Mexico.
B. Laboratory test records and reports may be destroyed one year after the
date of the test recorded or reported therein provided that one copy is
placed in the patient's record. If a copy of the laboratory test records
and reports is not placed in the patient's record, they may not be
destroyed for a period of four years from the date of the test recorded or
reported.
C. X-ray films may be destroyed four years after the date of exposure, if
there are in the hospital record written findings of a radiologist who has
read such x-ray films. At any time after the third year after the date of
exposure, and upon proper identification, the patient may recover his own
x-ray films as may be retained pursuant to this section. Such written
radiological findings shall be retained as provided in Subsection A of this
section.
D. At any time after the retention periods specified in Subsections A, B
and C of this section, the hospital may, without thereby incurring
liability, destroy such records, by burning, shredding or other effective
method in keeping with the confidential nature of their contents; provided,
however, that destruction of such records must be in the ordinary course of
business and no record shall be destroyed on an individual basis.
E. For the purposes of this section, "hospital" means an institution for
the reception and care of the ill or infirm which is licensed by the health
and social services department [department of health].
History: 1953 Comp., § 12-34-24, enacted by Laws 1977, ch. 371, § 1.
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