Annual information to be furnished; confidential data.

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A. Each mine or mining operation shall furnish to the mining and minerals division of the energy, minerals and natural resources department each year information regarding production and value of production, persons employed, mining equipment and methods and any other information as may be reasonably required for the previous calendar year on blank forms to be furnished the operator for this purpose.

B. Any information regarding production and value of production of individual mines is to be held confidential and not published unless agreed to by the operator, except that the mining and minerals division may reveal such information to:

(1) the taxation and revenue department for use in auditing or assessing taxpayers. The taxation and revenue department and its employees are subject to the provisions of this section with respect to any information acquired from the inspector; and

(2) the state mine inspector; provided that concerning any information so obtained, the state mine inspector shall be subject to the provisions of Section 71-2-8 NMSA 1978.

History: Laws 1933, ch. 153, § 26; 1941 Comp., § 67-502; 1953, ch. 47, § 1; 1953 Comp., § 63-5-2; Laws 1963, ch. 229, § 2; 1971, ch. 276, § 1; 1973, ch. 218, § 4; 1979, ch. 325, § 1; 1987, ch. 234, § 53; 1989, ch. 193, § 9.

ANNOTATIONS

The 1989 amendment, effective July 1, 1989, deleted "state mine inspector" following "furnished" in the catchline; in Subsection A substituted "mining and minerals division of the energy, minerals and natural resources department" for "state mine inspector on or before February 15 of", twice deleted "estimated" preceeding "production", and deleted "by the inspector" following "operator"; in the introductory paragraph of Subsection B substituted "unless agreed to by the operator except that the mining and minerals division" for "by the state mine inspector unless agreed to by the operator, except that the inspector"; and substituted "state mine inspector" for "secretary of energy, minerals and natural resources" near the beginning of Subsection B(2) and "state mine inspector" for "secretary and employees of the energy, minerals and natural resources department" near the end of that subsection.

The 1987 amendment, effective July 1, 1987, in Subsection B(2), substituted "energy, minerals and natural resources" for "energy and minerals" both places it appears and made minor changes in language throughout the section.

The 1979 amendment inserted "state" preceding "mine inspector" in the catchline and near the beginning of Subsection A, designated the previously undesignated two paragraphs as Subsections A and B, rewrote and designated a portion of the first sentence and the second sentence in the former second paragraph as Subsection B(1), substituting "the taxation and revenue department" for "the bureau of revenue and the property tax appraisal department," and added Subsection B(2).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 274 et seq.

58 C.J.S. Mines and Minerals § 382.


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