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May 20, 2013 By Robert Wilder Comments 3
 
 
 

 

 
Morning Word 03.13.2013 0 Comments

Morning Word, 03-13-13

Legislative email protection bill takes center stage

By Matthew Reichbach
wide-morning-word Though it wasn't even on the radar of, well, anyone two weeks ago, HCR 1 has become a focal point for some in the legislative session. The concurrent resolution sounds innocuous at first -- but a deeper look, and a slight discussion with some supporters of the legislation, shows it is a move towards exempting legislators from the Inspection of Public Records Act.

Sterling Fluharty of the Santa Fe Reporter first uncovered the bill and wrote a cover story for SFR on the legislation. The whole long article is worht a read.
HCR 1 hinges on two arguments. First, it claims that while the Legislature itself is a public body subject to public-records requests, individual lawmakers can’t act on its behalf—and hence, aren’t subject to IPRA in the same way. Second, it cites a “privileges and immunities” section of New Mexico’s Constitution, which mirrors a similar section in the US Constitution. Within that section is a Speech or Debate Clause, which grants lawmakers immunity for things they say and votes they cast during formal legislative proceedings.

The Santa Fe New Mexican has its take on the legislation being fast-tracked here in the final days of the session.
A resolution introduced just nine days ago passed the House on Sunday and is now heading for a final vote before the Senate. It does not require approval from the governor.
New Mexico Telegram covered the same territory.

It is an intriguing -- and unexpected -- subplot as the session draws to a close.

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