SB40, the Driver Privacy and Safety Act, regulates the use and sharing of automated license plate reader (ALPR) information in New Mexico. The bill defines ALPR systems and ALPR information, then places limits on when that information may be sold, shared, accessed, or transferred. It bars sharing when there is a reasonable belief the data could be used for immigration enforcement, for investigating or prosecuting protected health care activity, or to identify or punish people for constitutionally protected speech, assembly, or petitioning. It also requires out-of-state or non-New Mexico law enforcement recipients to provide a written declaration that they will not use the data in prohibited ways, and it makes ALPR information confidential rather than public record under the Inspection of Public Records Act.
The bill also creates annual reporting requirements for law enforcement agencies that use ALPR systems, including the number and placement of cameras, databases queried, access granted to other agencies, unauthorized access incidents, subpoenas and third-party requests, and out-of-state requests and queries. The Department of Public Safety must aggregate those reports and publish them publicly each year. Enforcement authority is given to the attorney general, district attorneys, and the Department of Public Safety, with remedies including injunctive relief, civil penalties for intentional violations, and possible revocation or restriction of data-sharing privileges for noncompliant agencies. Vendors can also face corrective action, suspension, or termination of access. The act takes effect July 1, 2026.
The overall sentiment in committee and floor votes was strongly supportive. Testimony repeatedly described the bill as a common-sense privacy measure that would protect communities, prevent misuse of personal data, and provide clearer rules for ALPR use. Supporters emphasized privacy, safety, dignity, and data sovereignty, and the bill passed both chambers with comfortable margins.
The main points of contention centered on the scope of restrictions on data sharing, especially the prohibition on use for immigration enforcement and for matters involving reproductive or gender-affirming health care. Supporters framed these limits as necessary protections against misuse and surveillance, while the bill’s structure suggests concern about third-party access, out-of-state use, and potential chilling effects on constitutionally protected activity. The available record does not show organized opposition in the committee snippets provided, but the vote margins indicate some legislative resistance remained.
SB40 would add a new chapter of state law governing automated license plate readers and the handling of ALPR data. It would make ALPR information confidential, restrict sharing with non-law-enforcement entities and certain out-of-state recipients, require annual reporting by agencies using ALPR systems, and authorize enforcement actions and penalties for violations. It also affects public records access by excluding ALPR information from the Inspection of Public Records Act and could alter how law enforcement agencies, vendors, and third parties collect, retain, and exchange vehicle-location data in New Mexico.
The bill was generally received positively and framed by supporters as a privacy, safety, and civil liberties measure. Committee comments emphasized strong support, common-sense guardrails, and protection of families and vulnerable communities. The final votes in both the Senate and House were favorable, indicating broad but not unanimous legislative support.
The most notable contention involved the bill’s limits on sharing ALPR data for immigration enforcement and for investigations involving reproductive or gender-affirming health care. Supporters argued these restrictions were needed to prevent misuse, protect privacy, and avoid targeting protected activity, while the structure of the bill suggests concern about surveillance and third-party access more broadly. Another likely point of debate was the requirement that out-of-state agencies and non-New Mexico law enforcement provide written assurances before receiving data, which could complicate interstate information sharing.