All Roll Calls
Yes: 74 • No: 30
New MexicoSB 402026 Regular SessionSenate
DRIVER PRIVACY AND SAFETY ACT
Sponsored By: Peter Wirth (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Enforcement backs drivers’ plate data protections
Beginning July 1, 2026, the attorney general, district attorneys, and Department of Public Safety can enforce the law. Courts can order violations stopped and grant other appropriate relief. Each intentional violation of the sharing restrictions can bring a civil penalty of $10,000 or actual damages, whichever is greater. Noncompliant police agencies may lose data-sharing privileges and face limits on access to state-managed plate-reader systems. Vendors that violate the law or department rules may face corrective action, suspended authorization, or ended access. Police agencies using plate readers must report each prior calendar year’s activity to the department by April 1. Reports cover camera counts by mobile or stationary type, database comparisons, query counts and purposes, and agencies granted access. They also cover unauthorized use or access, subpoenas, warrants, third-party requests for data or audit trails, and whether information was provided. Reports must count out-of-state requests and list out-of-state agencies that queried the data. The department must combine these reports and publish the results by July 1 each year.
More privacy for drivers’ plate data
Beginning July 1, 2026, New Mexico limits sharing of automated license plate reader data, including privately collected data. Users cannot sell, share, transfer, or allow access when they reasonably believe the data may support prohibited uses. These uses include immigration enforcement, investigating or prosecuting protected health care activity, or imposing liability solely for constitutionally protected activity. Protected health care activity includes seeking, receiving, providing, or helping with reproductive or gender-affirming care. Protected constitutional activity includes speech, assembly, and petitioning. Before sharing with out-of-state parties or non-New Mexico police agencies, users must get a written promise against prohibited uses. Sharing with people or agencies outside law enforcement is barred, except with the user’s vendor to provide services. Privately captured data can be sold or shared only with express consent or a court order. Plate-reader information is confidential and unavailable through New Mexico public-records requests.
Sponsors & Cosponsors
Sponsor
Peter Wirth
Democratic • Senate
Cosponsors
Christine Chandler
Democratic • House
Cindy Nava
Democratic • Senate
Cristina Parajón
Democratic • House
Heather Berghmans
Democratic • Senate
Marianna Anaya
Democratic • House
Micaelita Debbie O'Malley
Democratic • Senate
Roll Call Votes
House vote • 2/17/2026
Final House Vote
Yes: 42 • No: 22
Senate vote • 2/12/2026
Final Senate Vote
Yes: 32 • No: 8
Actions Timeline
Signed by Governor - Chapter 20 - Mar. 4
3/4/2026SenatePassed in the House of Representatives - Y:42 N:22
2/17/2026HouseHJC: Reported by committee with Do Pass recommendation
2/14/2026HouseSent to HJC - Referrals: HJC
2/12/2026SenatePassed in the Senate - Y:32 N:8
2/12/2026SenateSJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
2/10/2026SenateSTBTC: Reported by committee with Do Pass recommendation
1/30/2026SenateSCC: Reported by committee to fall within the purview of a 30 day session
1/26/2026SenateSent to SCC - Referrals: SCC/STBTC/SJC
1/21/2026Senate
Bill Text
Final Version
3/5/2026
HJC Committee Report 2/14/26
2/14/2026
SJC Committee Report 2/10/26
2/10/2026
SJC Committee Substitute 2/10/26
2/10/2026
STBTC Committee Report 1/30/26
1/30/2026
SCC Committee Report 1/26/26
1/26/2026
Introduced
1/21/2026