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New Mexico State Laws on Optical Images

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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

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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

Statute text

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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.)

Statute text

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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

Statute text

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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

Statute text

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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

Statute text

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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

Statute text

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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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