TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 13 PUBLIC
RECORDS
PART 2 FEES
1.13.2.1 ISSUING AGENCY: State Commission of Public Records - State Records Center and Archives.
[7/1/95; 1.13.2.1 NMAC - Rn, 1 NMAC 3.100.1 & A, 3/14/01; A, 6/30/05]
1.13.2.2 SCOPE: All state, federal, municipal and county agencies, historical records repositories, businesses and the general public.
[7/1/95; 1.13.2.2 NMAC - Rn, 1 NMAC 3.100.2 & A, 3/14/01]
1.13.2.3 STATUTORY AUTHORITY: Statutory authority for 1.13.2 NMAC is found in Chapter 14, Article 3, NMSA 1978. Specifically, Section 14-3-6 NMSA 1978 authorizes the state records administrator to adopt regulations. Section 14-3-15.1 NMSA 1978 provides for the payment of reasonable fees for the service of providing information contained in information databases by the agency that inserted the information. It further mandates the assessment of a fee by the agency providing access or use where information contained in a database is “searched, manipulated, or retrieved or a copy of the database is made for any private nonpublic use.” The section also authorizes the imposition of certain conditions on the use of such information or databases. Section 14-3-8.1 creates the records center revolving fund, in which money from the sale of "publications, services, equipment, supplies and materials" is deposited. Section 14-3-19 NMSA 1978 allows the state commission of public records to sell certain items and services at a cost plus five percent handling charge. All receipts from such sales go into the records center revolving fund.
[7/1/95; 1.13.2.3 NMAC - Rn, 1 NMAC 3.100.3 & A, 3/14/01; A, 7/15/03; A, 6/30/05]
1.13.2.4 DURATION: Permanent.
[7/1/95; 1.13.2.4 NMAC - Rn, 1 NMAC 3.100.4, 3/14/01]
1.13.2.5 EFFECTIVE DATE: July 1, 1995, unless a later date is cited at the end of a section.
[7/1/95; 1.13.2.5 NMAC - Rn, 1 NMAC 3.100.5 & A, 3/14/01]
1.13.2.6 OBJECTIVE: To set fees for goods and services provided by the state records center and archives.
[7/1/95; 1.13.2.6 NMAC - Rn, 1 NMAC 3.100.6 & A, 3/14/01]
1.13.2.7 DEFINITIONS:
A. "Acid-free" means having a pH of 7.0 or greater.
B. "Archival" means the material properties inherent in any medium permitting its preservation under controlled conditions.
C. "Certified copy" means a reproduction of a public record expressly verified by the custodial agency as a true and accurate representation of the official copy of the record.
D. “Clip” means a selected part of a motion picture film.
E. “Commercial-use requester” means a requester seeking records and information for a use or purpose that furthers the commercial, trade or profit interests of the requester, organization or person on whose behalf the request is made.
F. "Digital restoration" means digitally improving the overall appearance of a scanned photograph by adjusting brightness or contrast or both, sharpening, adjusting overall color, cropping, etc.
G. "DVD" means digital video disc, an optical disc storage medium.
H. "Enhancement" means digitally repairing a scanned photograph to remove signs of deterioration and damage (spots, tears, red eye, fold lines, etc.).
I. "JPEG" means a compressed image file format, commonly used for the compression of photographic images, developed by the joint photograph experts group.
J. "MiniDV" means a video digital storage format available in small cassettes with high storage capacity.
K. "Non-profit organization" means any organization, which by its articles of association and by-laws prohibits acts of private inurement, that is, transferring of the organization’s earnings to persons in their private capacity; non-profit organizations are required to use their earnings for their program activities and these earnings are tax-exempt if the organization has met the approval of the internal revenue service as falling within a category such as 501(c) (3).
L. "Over-sized material" means maps, architectural drawings, books and textual and other documents larger than 12 inches by 16 inches.
M. "Record" means all books, papers, maps, photographs, recordings, tapes or other documentary materials, regardless of physical form or characteristics.
N. “Requester” means any individual who is not a commercial-use requester. This term does not include requests citing the Inspection of Public Records Act, which are handled in accordance with the law and agency policy.
O. "SRCA" means the state records center and archives.
P. "TIFF" means tagged image file format, a bitmap image format used for storing images.
[1.13.2.7 NMAC - N, 3/14/01; A, 7/15/03; A, 6/30/05; A, 6/1/06; A, 7/1/09]
1.13.2.8 PRICING: All fees cited in 1.13.2 NMAC are per item, unless otherwise specified.
[9/15/98; 1.13.2.8 NMAC - Rn, 1 NMAC 3.100.9.5 & A, 3/14/01; A, 7/1/09]
1.13.2.9 STORAGE BOXES:
A. Maps and drawings box - $2.10
B. Cubic foot records storage box - $2.00
[7/1/95, 1/1/98; 1.13.2.9 NMAC - Rn, 1 NMAC 3.100.8.1 & A, 3/14/01; A, 7/1/09; A, 7/15/10]
1.13.2.10 ACID-FREE ARCHIVAL STORAGE CONTAINERS:
A. Document storage box 15 ¼ in. x 10 ¼ in. x 5 in. - $3.94
B. Document storage box 15 ¼ in. x 10 ¼ in. x 2 in - $3.89
C. Record storage box 15 in. x 12 in. x 10 in. - $4.36
D. Full telescope box 15 in. x 11 ½ in. x 3 in. - $6.93
E. Full telescope box 24 ½ in. x 20 ½ in. x 3 in. - $10.92
F. Clam shell box 15¼ in. x 10 ¼ in. x 3 in. - $4.15
G. Newspaper box 25 in. x 19 in. x 2 ½ in. - $11.29
H. Legal size folder full tab package (100 count) - $26.00
I. Letter size folder full tab package (100 count) - $23.00
J. Corrugated board, 40 in. x 60 in. sheet - $8.75
K. Legal size, acid-lignin free paper, 20 lb. bond, package (500 count) - $20.44
L. Letter size, acid-lignin free paper, 20 lb. bond, package (500 count) - $14.95
M. Polyester transparent sleeve, 5 in. x 7 in. - $0.76
N. Polyester transparent sleeve, 8 ¾ in. x 11 ¼ in. - $1.16
O. Polyester transparent sleeve, 8 ¾ in. x 14 ¼ in. - $1.31
P. Polyester transparent sleeve, 9 ¼ in. x 12 ¼ in. - $1.32
Q. Polyester transparent sleeve, 11 ¼ in. x 14 ¼ in. - $1.37
R. Other containers and archival supplies - containers of sizes other than those listed above and other archival supplies may be available at cost plus five percent.
[1.13.2.10 NMAC - N, 3/14/01; A, 4/30/02; A, 6/30/04; A, 6/1/06; A, 7/1/09; A, 7/15/10]
[Please contact the Archives and Historical Services Division at 505-476-7956 for the availability and prices of the other containers and supplies noted in Subsection R.]
1.13.2.11 PHOTOCOPY FEES:
A. Paper photocopies.
(1) 8 ½ x 11 (1 to 99 copies) - $0.25
(2) 8 ½ x 11 (100 to 499 copies) - $0.40
(3) 8 ½ x 11 (500 or more copies) - $0.55
(4) 8 ½ x 14 (1 to 99 copies) - $0.30
(5) 8 ½ x 14 (100 to 499 copies) - $0.45
(6) 8 ½ x 14 (500 or more copies) - $0.60
(7) 11 x 17 (1 to 99 copies) - $0.35
(8) 11 x 17 (100 to 499 copies) - $0.50
(9) 11 x 17 (500 or more copies) - $0.65
B. Certification of paper copies - $0.50 per page.
C. Self-service photocopies (made by patron).
(1) 8 ½ x 11 - $0.10
(2) 8 ½ x 14 - $0.10
(3) 11 x 17 - $0.15
D. Oversized records (color or black and white)
(1) 12 x 18 – $8.00
(2) 17 x 22 – $8.00
(3) 18 x 24 – $8.00
(4) 22 x 34 – $8.00
(5) 24 x 36 – $12.00
(6) 30 x 42 – $12.00
(7) 32 x 44 – $12.00
(8) 35.5 x 48 - $16.00
(9) Sizes greater than 35.5 x 48 add $4.00 per each additional foot. Width cannot exceed 35.5 inches.
E. Fax copies - $0.60
[7/1/95, 1/1/98, 9/15/98; 1.13.2.11 NMAC - Rn, 1 NMAC 3.100.9.1 through 1 NMAC 3.100.9.4 and 1 NMAC 3.100.13 & A, 3/14/01; A, 6/30/04; A, 7/1/09]
1.13.2.12 microphotography fees:
A. Microfilm to paper copies (made by staff).
(1) 8 ½ x 11 - $0.50
(2) 8 ½ x 14 - $0.60
B. Self-service microfilm to paper copies.
(1) 8 ½ x 11 - $0.10
(2) 8 ½ x 14 - $0.10
(3) 11 x 14 - $0.15
C. Microfilm duplication.
(1) 16mm - $12.00 per reel
(2) 35mm - $16.00 per reel
D. Microfilm services.
(1) Technical consultation and assistance - $10.00 per hour with a minimum charge of one hour
(2) Document preparation - $10.00 per hour with a minimum charge of one hour, plus cost of supplies
(3) Microfilming - $0.35 per image
(4) Microfilm processing, 16 mm and 35 mm - $19.85 per reel
(5) Step-test analysis - $5.00 per analysis
E. Microfilm to electronic media (made by staff) - $0.70 per image on CD.
F. Self-service microfilm to electronic media - $0.30 per image on CD.
[7/1/95, 9/15/98, 12/15/98; 1.13.2.12 NMAC - Rn, 1 NMAC 3.100.10 & A, 3/14/01; A, 4/30/02; A, 6/30/04; A, 6/30/05; A, 7/1/09]
1.13.2.13 DIGITAL REPRODUCTION OF PHOTOGRAPHS, OVERSIZED RECORDS AND MOVING IMAGE MATERIAL:
A. Requests for duplication and reproduction of public records that are covered under Section 14-3-15.1 NMSA 1978 or are copyrighted or otherwise contractually restricted shall be accompanied by a letter of intent describing the proposed use and SRCA form 96-18 "conditions for publication/reproduction."
B. Photographs. Prices are assessed per individual image.
(1) 8 x 10 print from digital images file - $17.00. This option is not available for oversized material. See 1.13.2.11 NMAC, photocopy fees.
(2) 8 x 10 print from original source material - $21.00. This option is not available for oversized material. See 1.13.2.11 NMAC, photocopy fees.
(3) Reproduction of digital image files (JPEG or TIFF) - $14.00
(4) Creation of digital image file (JPEG or TIFF) from original source material - $19.00
(5) Digital image file (JPEG) from digital image file delivered via e-mail - $14.00. Digital image files shall be limited to 8 x 10 images scanned at 300 dots per inch (dpi).
(6) Digital image file (JPEG) from original source material delivered via e-mail - $19.00. Digital image files shall be limited to 8 x 10 images scanned at 300 dpi.
C. Moving image material. Prices are assessed per moving image title.
(1) VHS video cassette from digital video file or miniDV master - $17.00
(2) VHS video cassette from original source material - $50.00
(3) MiniDV tape from digital video file or miniDV master - $20.00
(4) MiniDV tape from original source material - $52.00
(5) DVD from digital video file of miniDV master - $15.00
(6) DVD from original source material - $47.00
D. Where items are fragile or require specialized handling, the SRCA may charge the costs of the additional labor.
E. Fees for digital restoration or enhancement or clip selection of digitized materials or motion picture films vary according to the extent of work required. The minimum fee for digital restoration or enhancement or clip selection shall be $15.00 per reproduced item, in addition to the reproduction fee set forth in Subsection B of this section. For work requiring over one hour, $15.00 per additional hour shall be charged.
F. Expedited orders can be requested for an additional fee of $20.00. Waiting time will be reduced by one week.
[7/1/95, 4/30/96, 12/15/98; 1.13.2.13 NMAC - Rn, 1 NMAC 3.100.11 & A, 3/14/01; A, 4/30/02; A, 7/15/03; A, 6/30/05; A, 6/1/06; A, 06/30/07; A, 7/1/09]
1.13.2.14 SRCA
PUBLICATIONS:
A. Calendar to the Spanish archives of New Mexico II - $10.00
B. Calendar to the Mexican archives of New Mexico - $6.00
C. Calendar to the territorial archives of New Mexico - $6.00
D. Calendar to land records of New Mexico (Spanish archives of New Mexico I) - $10.00
E. Calendar to the Sender collection - $12.00
F. Guide to “lost” records of Zuni - $7.00
G. Microfilm manual - $18.50
H. Genealogy charts - $8.00
I. New Mexico administrative code training manual - extra copies (individuals attending training receive one copy of the manual without charge) - $22.50
J. Billy the Kid packet – $49.00
K. Guide to the archdiocese of Santa Fe: the AASF and LDS series - $7.00
L. New Mexico county marriage register inventory - $7.00
[7/1/95, 9/15/98, 12/15/98; 1.13.2.14 NMAC - Rn, 1 NMAC 3.100.12 & A, 3/14/01; A, 4/30/02; A, 7/15/03; A, 6/30/04; A, 7/1/09]
1.13.2.15 requirements for srca form 96-18:
A. This form delineates conditions for publication and reproduction of images held by the SRCA as public records and shall be completed and submitted to the SRCA as provided in 1.13.2 NMAC and as evidence of agreement by the requester to the terms and conditions prescribed therein and in 1.13.2 NMAC. Information contained on the form shall include, but not be limited to, the following:
(1) provision for reservation of rights by the SRCA;
(2) formats for required credit line;
(3) requirements relating to method of payment; and
(4) description of respective rights and responsibilities of the SRCA and the requester, including copyright restrictions, relating to reproduction and publication.
B. The form shall require of the requester:
(1) the description of the image to be published and the required credit line;
(2) the printed name and the signature of the requester;
(3) the address of the requester; and
(4) the date of the request.
C. The director of the archives and historical services division of the SRCA and the state records administrator shall approve the requested use by their signatures on the form.
[7/1/95; 1.13.2.15 NMAC - Rn, 1 NMAC 3.100.14 & Rp, 3/14/01]
[The original language, which was repealed and replaced by the 3/14/01 text relating to SRCA form 96-18, addressed fees for diskettes.]
1.13.2.16 TRAINING PROGRAMS: The SRCA offers without charge basic training in subjects integral to the performance of its statutory duties. Programs for which fees are imposed under this section provide advanced or other training beyond those basic requirements, and fees for these services are as set forth below.
A. One-half-day session - $25.00
B. One-day session - $40.00
C. One-and-one-half-day
session - $55.00
D. Two-day
session - $75.00
E. Special
workshops may be priced to cover costs plus five percent for expected
participants.
[1.13.2.16 NMAC - N, 3/14/01; A, 7/15/03; A, 6/1/06]
1.13.2.17 electronic copies of records:
A. Portable document format file (PDF) from microsoft word or PDF file.
(1) 1 to 99 pages - $0.25 per page
(2) 100 to 499 copies - $0.40 per page
(3) 500 or more copies - $55 per page
B. PDF from digital image file.
(1) 1 to 99 pages - $1.75 per page
(2) 100 to 499 copies - $2.00 per page
(3) 500 or more copies - $2.25 per page
C. PDF from original source.
(1) 1 to 99 pages - $3.25 per page
(2) 100 to 499 copies - $3.50 per page
(3) 500 or more copies - $3.75 per page
[1.13.2.17 NMAC - N, 04/30/02; A, 7/1/09]
1.13.2.18 CHARGES FOR PUBLISHING IN THE NEW MEXICO REGISTER: There shall be a $2.00 per column inch charge to agencies publishing material in the New Mexico register.
[1.13.2.18 NMAC - N, 7/15/03; A, 7/1/09]
[Charges for publishing in the New Mexico register are also found in 1.24.15.12 NMAC.]
1.13.2.19 COPIES OF THE NEW MEXICO REGISTER:
A. Individual copies of the New Mexico register - $12.00.
B. Annual paper subscription fees for the New Mexico register - $270.00.
[1.13.2.19 NMAC - N, 7/15/03; A, 7/1/09]
[Fees for copies of the New Mexico register are also found in 1.24.15.13 NMAC.]
1.13.2.20 records
storage services:
A. State agency records, paper.
(1) Records that have not met their legal retention or that have been subpoenaed or are otherwise involved in on-going litigation or an active investigation - no charge
(2) Records that have met their legal retention and for which the SRCA has issued a disposition notice – $0.50 per month per box (see 1.13.10 NMAC)
B. Municipal and county records, paper – $0.50 per box (either cubic-foot or maps and drawings box) per box, regardless of whether retention has been met (see 1.13.2 NMAC).
C. State agency records, microfilm.
(1) Records that have not met their legal retention or that have been subpoenaed or are otherwise involved in on-going litigation or an active investigation - no charge
(2) Records that have met their legal retention and for which the SRCA has issued a disposition notice – $0.25 per 16mm roll equivalent per month (see 1.13.10 NMAC)
D. Inactive municipal and county records, microfilm – $0.25 per 16mm roll equivalent per month, regardless of whether retention has been met (see 1.13.10 NMAC).
[1.13.2.20 NMAC - N, 6/30/05; A, 7/1/09]
[The SRCA is not, as of the effective date of this section, imposing fees for the storage of electronic records.]
1.13.2.21 COMMERCIAL-USE
FEES:
A. Commercial-use requesters, as defined in 1.13.2 NMAC, who make requests for records shall be assessed a commercial service fee. Service fees shall be pre-paid and shall be in addition to the fees for copying or reproduction prescribed in 1.13.2 NMAC.
B. The SRCA requires all requesters to submit a letter of intent and SRCA form 96-18, “conditions for publication/reproduction,” before a request is considered.
C. Not-for-profit organizations requesting reproductions of records and information for fund raising shall be charged 50 percent of the applicable commercial-use fees. Proof of not-for-profit status shall be provided before the not-for-profit rate is considered.
D. The SRCA reserves the right to require proof of intent of publication prior to final approval.
E. The SRCA shall not grant exclusive rights for use of its materials. Permission shall be granted for one time use only. Requesters shall submit an additional letter of intent and SRCA form 96-18 “conditions for publication/reproduction” and pay additional fees for any subsequent use.
F. The SRCA reserves the right to restrict the use of reproductions of rare and valuable records and to make special fee quotations on records involving unusual and difficult reproduction.
G. Fees for commercial use of reproductions of records in books, including book jackets and end papers, shall be as follow:
(1) less than 5,000 editions - $30.00 per reproduction;
(2) 5,000 to 24,999 editions - $75.00 per reproduction;
(3) 25,000 or more editions - $100.00 per reproduction.
H. Fees for commercial use of reproductions of records in serials, magazines, including magazine covers, and newspapers shall be as follow:
(1) circulation of 49,999 or less - $20.00 per reproduction;
(2) circulation 50,000 to 99,999 - $50.00 per reproduction;
(3) circulation over 100,000 - $100.00 per reproduction.
I. Commercial use of reproductions of records in videotapes, CD-ROMs, DVDs or other digital media shall require a fee of $150.00 per reproduction.
J. Commercial use of reproductions of records in motion picture productions and documentaries shall require a fee of $150.00 per reproduction.
K. Fees for commercial use of reproductions of records for posters, postcards, T-shirts, calendars, mousepads and non-paper shall be as follow:
(1) less than 999 items - $20.00 per reproduction;
(2) 1,000 to 4,999 items - $75.00 per reproduction;
(3) 5,000 or more items - $100.00 per reproduction.
L. Fees for commercial use of reproductions of records in advertising shall be as follow:
(1) display in commercial offices, stores, and restaurants - $25.00 per reproduction;
(2) other advertising formats - $150.00 per reproduction.
M. Fees for commercial use of reproductions of records in exhibits shall be $30.00 per image in exhibit. Fees for not-for-profit organizations will be waived if admission to the exhibit is free.
[1.13.2.21 NMAC - N, 6/1/06; A, 7/1/09]
[See 1.13.2.15 NMAC for a description of form 96-18.]
HISTORY OF 1.13.2 NMAC: RESERVED
History of Repealed Material:
1.13.2.16 NMAC text relating to fees for diskettes was repealed and replaced with provisions relating to SRCA form 96-18, 3/14/01