SB 40 New Mexico Senate · 2026 Regular Session

DRIVER PRIVACY AND SAFETY ACT

SB 40, the "Driver Privacy and Safety Act," limits how law enforcement and private entities can share automated license plate reader (ALPR) data. It prohibits sharing ALPR information for immigration enforcement, investigating protected health care activities (like reproductive or gender-affirming care), or targeting constitutionally protected speech. The law makes ALPR data confidential (not public record), requires court orders for private data sales, and mandates quarterly reports to the attorney general on out-of-state data requests. Violations can result in $10,000 fines per incident.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 21, 2026 Signed Mar 5, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

JU substitute → Final Version · 3 edits

MINOR

The bill was reorganized from a committee substitute format to a final version with clearer structure and page numbering. The substantive content remains largely the same, though some formatting and line number references were updated to reflect the final legislative text.

Scope change

No substantive scope changes; the bill's applicability to automated license plate readers and their information sharing remains unchanged.

TECHNICAL

Removed bracketed committee markup and line number references, converting the document to standard final legislative format.

Reorganized section numbering and removed redundant title text that appeared in the committee substitute version.

Added page numbers and standard final version headers to replace committee substitute formatting.

introduced version → JU substitute · 8 edits

MODERATE

The Judiciary Committee substitute version of SB 40 substantially expands privacy protections for automated license plate readers (ALPRs) by adding new restrictions on data sharing, requiring annual reporting, and clarifying enforcement mechanisms. The changes strengthen protections against misuse of ALPR data for immigration enforcement, civil liability based on constitutionally protected activities, and unauthorized access by out-of-state entities.

Scope change

The bill's scope was expanded to include more comprehensive restrictions on ALPR data sharing, particularly protecting against immigration enforcement use and civil liability based on constitutionally protected activities. The definition of 'law enforcement agency' was expanded to include tribal police departments with specific agreements.

REQUIREMENT

Added requirement that ALPR users must obtain written declarations from out-of-state third parties affirming data will not be used in violation of the act before sharing information with them.

Added prohibition on sharing ALPR information with non-law enforcement officers or agencies, except with vendor consent for service provision.

Added requirement for law enforcement agencies to submit annual reports to the Department of Public Safety by April 1, including camera counts, database comparisons, query statistics, and access logs.

Added requirement that the Department of Public Safety aggregate and make ALPR reporting data publicly available by July 1 each year.

Modified sharing restrictions to explicitly prohibit use of ALPR data for immigration enforcement, investigating protected health care activities, or imposing civil/criminal liability based on constitutionally protected activities.

Added provision that privately captured ALPR information may only be sold, shared, transferred, or released with express consent or pursuant to a valid court order.

ENFORCEMENT

Added enforcement authority for the Department of Public Safety and provisions for revoking data sharing privileges and restricting access to state-managed ALPR systems for non-compliant agencies.

DEFINITION

Added new definition for 'protected health care activity' to include assistance with reproductive or gender-affirming health care, including information, transportation, lodging, and material support.

Floor votes · Senate Feb 12, 2026 · House Feb 17, 2026

How they voted

28–8

Passed · 2 other

Total votes 38

Feb 12, 2026

D Democratic22

20 Yea 2

90% Yea

R Republican16

8 Yea 8 Nay

50% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 5, 2026

Signed into law

Signed

executive

Feb 17, 2026

Lower · Passed

passed House

lower

Feb 14, 2026

Lower · Passed

DO PASS committee report adopted

lower

Feb 12, 2026

Introduced

Sent to House Judiciary Committee

lower

Feb 12, 2026

Upper · Passed

passed Senate

upper

Feb 10, 2026

Upper · Passed

DO NOT PASS, replaced with committee substitute

upper

Jan 30, 2026

Upper · Passed

DO PASS committee report adopted

upper

Jan 21, 2026

Introduced

Sent to Senate Committees' Committee & Senate Tax, Business and Transportation Committee & Senate Judiciary Committee

upper

5 primary · 0 co-sponsors