Compare versions
--- version:introduced version+++ version:(document, no version)@@ -1,169 +1,22 @@-SENATE BILL 40--57th legislature - STATE OF NEW MEXICO - second session, 2026--INTRODUCED BY--Peter Wirth and Christine Chandler and Cindy Nava--and Heather Berghmans and Micaelita Debbie O’Malley--AN ACT--RELATING TO LICENSE PLATE READERS; ENACTING THE DRIVER PRIVACY-AND SAFETY ACT; PROVIDING LIMITATIONS ON THE SHARING OF-AUTOMATED LICENSE PLATE READER INFORMATION AND REQUIRING-REPORTING; PROVIDING FOR ENFORCEMENT AND PENALTIES.--BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:-- SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be-cited as the "Driver Privacy and Safety Act".-- SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the-Driver Privacy and Safety Act:-- A. "automated license plate reader" means an-electronic device that is capable of recording data on or-taking a photograph of a vehicle or the vehicle's license plate-and comparing the collected data and photographs to existing-law enforcement databases for investigative purposes and-includes a device that is owned or operated by a person or an-entity other than a law enforcement agency;-- B. "automated license plate reader information"-means information gathered by an automated license plate reader-or created from the analysis of data generated by an automated-license plate reader, excluding information used for the-purpose of auditing an automated license plate reader;-- C. "automated license plate reader user" means a-person or an entity that owns or operates an automated license-plate reader or has access to automated license plate reader-information;-- D. "law enforcement agency" means a state or local-agency, political subdivision of the state or private entity-that employs certified law enforcement officers or that is-charged with the enforcement of state, county or municipal laws-or with managing custody of detained persons in any state or-jurisdiction, including the police department of a-municipality, the sheriff's office of a county, the New Mexico-state police division of the department of public safety, the-department of public safety or the police department of an-Indian nation, tribe or pueblo that has entered into an-agreement with the department of public safety pursuant to-Section 29-1-11 NMSA 1978; and-- E. "protected health care activity" means:-- (1) seeking, providing or receiving-reproductive or gender-affirming health care; or-- (2) assisting an individual who is seeking,-receiving or providing reproductive or gender-affirming health-care, including providing:-- (a) information;-- (b) transportation;-- (c) lodging; or-- (d) material support.-- SECTION 3. [NEW MATERIAL] AUTOMATED LICENSE PLATE-READERS--LIMITATIONS ON SHARING.---- A. An automated license plate reader user shall not-sell, share, allow access to or transfer automated license-plate reader information if the automated license plate reader-user has reasonable belief that the automated license plate-reader information may be used for the purpose of:-- (1) investigating or otherwise assisting in-immigration enforcement;-- (2) investigating or prosecuting activities-legal in the state, including protected health care activity;-or-- (3) efforts to identify or impose civil or-criminal liability upon a person or an entity based solely on-the person's or entity's participation in activities protected-by the United States constitution or the constitution of New-Mexico, including assembly, petitioning and speech, except as-required by state or federal law.-- B. An automated license plate reader user in New-Mexico that uses automated license plate reader systems shall-not allow access to automated license plate reader information-by an out-of-state third party without first obtaining from-that party a written declaration that the party expressly-affirms that automated license plate reader information-obtained shall not be used in a manner that would constitute a-violation of Subsection A of this section. The declaration-shall include the internal case number, when available, used by-the requesting third party associated with the relevant-investigation. If a written declaration of affirmation is not-executed, the automated license plate reader user shall not-share the automated license plate reader information with the-third party.-- C. An automated license plate reader user shall not-sell, share, allow access to, transfer or otherwise make-available automated license plate reader information to non-law-enforcement officers or agencies.-- D. Automated license plate reader information is-confidential and not considered a public record for the-purposes of the Inspection of Public Records Act.-- E. Privately captured automated license plate-reader information may only be sold, shared, transferred or-released pursuant to a valid court order.-- F. Nothing in the Driver Privacy and Safety Act-shall define or limit any rights under the Reproductive and-Gender-Affirming Health Care Freedom Act or the Reproductive-and Gender-Affirming Health Care Protection Act.-- SECTION 4. [NEW MATERIAL] AUTOMATED LICENSE PLATE-READERS--REPORTING.--A law enforcement agency that is an-automated license plate reader user shall report to the-attorney general quarterly. The attorney general shall-electronically publish each report received pursuant to this-section within one month of receiving the report. The report-shall include the:-- A. number of requests for automated license plate-reader information from out-of-state third parties;-- B. contents of declarations, including the case-numbers, made by out-of-state third parties pursuant to-Subsection B of Section 3 of the Driver Privacy and Safety Act;-and-- C. number of requests that did not include a-written declaration pursuant to Subsection B of Section 3 of-the Driver Privacy and Safety Act.-- SECTION 5. [NEW MATERIAL] ENFORCEMENT--PENALTIES.---- A. The attorney general or a district attorney is--authorized to enforce the provisions of the Driver Privacy and-Safety Act.-- B. In an action to enforce the Driver Privacy and-Safety Act, the court may award appropriate relief, including-temporary, preliminary or permanent injunctive relief. The-court may also assess a civil penalty for a violation of the-Driver Privacy and Safety Act in the amount of ten thousand-dollars ($10,000) or actual damages resulting from each-violation, whichever is greater.-- SECTION 6. EFFECTIVE DATE.--The effective date of the-provisions of this act is July 1, 2026.--- 6 -+FIFTY-SEVENTH LEGISLATURE+SECOND SESSION, 2026+January 29, 2026+Mr. President:+Your TAX, BUSINESS AND TRANSPORTATION COMMITTEE, to+whom has been referred+ SENATE BILL 40+has had it under consideration and reports same with recommendation+that it DO PASS, and thence referred to the JUDICIARY+COMMITTEE.+Respectfully submitted,+___________________________________+Senator Carrie Hamblen, Chair+Adopted_______________________ Not Adopted_______________________+ (Chief Clerk) (Chief Clerk)+ Date ________________________+The roll call vote was 6 For 4 Against+Yes: Berghmans, Figueroa, Hamblen, Jaramillo, O'Malley, Wirth+No: Ramos, Sanchez, Sharer, Wilson+Excused: None+Absent: None+SB0040CT1.wpd
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.