Senate Bill 40, titled the Driver Privacy and Safety Act, passed its first assigned Senate committee Thursday on a party-line vote. Specifically, the bill sponsored by Senate Majority Leader Peter Wirth, D-Santa Fe, and several other Democratic legislators would impose regulations and limitations on the sharing of information gathered by automatic license plate readers in New Mexico. There are currently no regulations as to who can access the data, meaning outside agencies such as Immigrations and Customs Enforcement can see the gathered information.
A legislative analysis of the bill said it would prohibit the use of license plate camera data for civil traffic enforcement or surveillance activities not linked to ongoing investigations or law enforcement functions.
In addition, the measure would require law enforcement agencies to submit annual public reports detailing the volume of data collected, the frequency of matched 'hits' against law enforcement databases and how often data was shared or used in a criminal case.
After a lengthy debate about amending language in the bill, the Senate Tax, Business and Transportation Committee voted 6-4 — with Democrats voting in favor and Republicans in opposition — to advance the bill to its next assigned committee as advocates clapped and cheered in celebration. The bill comes during a time when citizens have had growing concerns about law enforcement agencies such as ICE using personal data to track immigrant community members, activists or people seeking abortion health care.
But Senate Minority Leader William Sharer, R-Farmington, said that while he wants to limit surveillance, he believes the bill was driven by "Trump derangements," which he said troubled him and made him concerned about supporting the bill.
Under the bill, agencies would be required to send in a written request to confirm that the usage of license plate data complies with New Mexico laws. If an agency violated the limitations of the bill, the attorney general or district attorneys would be able to impose a fine of a minimum of $10,000.
Supporters of the bill stood in front of a Senate committee, pleading to lawmakers to pass the bill and stated that it would create a "firewall to freedom."
"We are gravely concerned about the dangers that (automatic license plate reader) ALRP systems pose to reproductive and gender-affirming patients and providers," said Rachel Arrey with advocacy group Bold Futures New Mexico. "It is far too easy for vigilantes and hostile states and federal agencies to use ALPR systems to search for vehicle plates near clinics." According to a recent American Civil Liberties Union public records request, New Mexico ALPR cameras have been accessed thousands of times by out-of-state law enforcement, including once by Texas law enforcement that was allegedly tracking a woman for seeking abortion care. The records also state that agencies have gone through the data with vague reasonings like "immigration" or "ICE" though the records did not state why or what the search yielded, according to the ACLU website.
Law enforcement agencies use ALPR systems to collect data on drivers in the Land of Enchantment by scanning license plates to capture a vehicle's location in real time and often uses those records to arrest people accused of crimes. The devices are most frequently located on police vehicles or on objects including road signs or bridges, creating detailed records of where people drive.
Bernalillo County Sheriff John Allen wrote a letter to lawmakers in support of the bill, stating that the bill "establishes important safeguards by clearly defining permissible uses, audit requirements and access controls."
Currently, the Albuquerque Police Department stores data from the over 250 ALPRs across the city for over one year, a move that had raised concerns from the American Civil Liberties Union over privacy concerns. In the past, APD only stored data for 60 days until 2023, when the Albuquerque City Council approved a resolution to allow data to be stored for one year. Sen. Heather Berghmans, D-Albuquerque, said she hopes in the future that lawmakers will also see a bill that deals with the timeframe of the collection of ALPR data, though no bill has been brought forward for this year's session.
Maj. Anthony Montano, speaking on behalf of APD, said the department supported the bill, given that it would not infringe on law enforcement's ability to use the data to fight crime.
Advocates of SB 40 believe the increased protections would protect all people, including those whose safety would be called into concern from outside agencies.
"Passing this bill is critical to ensure outside authorities can't turn our surveillance tools against us to target our families and communities," the ACLU wrote on their website prior to the Legislature.
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