Governor signs into law bill restricting sharing of license plate camera data 

SANTA FE — New Mexico will soon join other states in restricting how data from automatic license plate cameras can be obtained and used, after Gov. Michelle Lujan Grisham signed off on legislation approved by state lawmakers with bipartisan support.

The bill, Senate Bill 40, was also backed by local law enforcement officials and was one of 19 bills signed into law over the last two days by the governor. It will take effect July 1.

Bernalillo County Sheriff John Allen testified in support of the legislation during this year’s 30-day session, and a spokeswoman for the Sheriff’s Office said Thursday the bill will put clear guardrails around the use of automatic license plate readers while still allowing law enforcement officers to use them.

“The bill strengthens accountability by establishing defined permissible uses, documentation requirements, auditability, and access controls,” said Bernalillo County Sheriff’s Office spokeswoman Jayme Gonzales. “That balance is important; technology should help protect people while respecting civil liberties.” 

She also said law enforcement agencies routinely use the license plate readers to check for stolen cars or individuals wanted on criminal charges, and to confirm the location and movement of vehicles in real time.

The New Mexico law will specifically prohibit data from the license plate readers from being shared for purposes of immigration enforcement and investigating individuals seeking abortion services. It will also bar using the data to try to identify people who take part in protests or other activities protected by the U.S. Constitution.

While some Republican lawmakers voted in favor of the bill, others opposed it during legislative debate as an attempt to undermine federal policy initiatives.

But backers say the legislation will bolster New Mexicans’ privacy and safety in the face of escalating mass surveillance.

Daniel Williams, a policy advocate for the American Civil Liberties Union of New Mexico, said research by the organization found New Mexico license plate cameras had been accessed for thousands of immigration-related searches.

He also said a sheriff’s office in neighboring Texas, where abortion is largely banned, had accessed New Mexico camera data in search of information about a woman who had self-managed an abortion.

“The broad support this bill enjoyed in the Legislature is evidence that New Mexicans don’t want the tools of mass surveillance to needlessly intrude on our privacy,” Williams said in a Thursday statement.

At least 16 other states already have laws that address the use of automatic license plate readers. Some states like Arkansas prohibit the use of the technology, while others like California limit how long law enforcement agencies can retain the data and prohibit it from being sold to outside entities, according to the National Conference of State Legislatures.

Meanwhile, Lujan Grisham has now signed 38 of the 74 bills approved by the Legislature during this year’s session, which ended Feb. 19.

She has until March 11 to act on the remaining 36 bills, which include a high-profile medical malpractice bill, an $11.1 billion budget bill and a tax package that includes tax breaks for physicians and local news organizations.

Any bills not signed before the governor’s bill-signing deadline are automatically vetoed under what’s known as a “pocket veto.” 

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com