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Senate committee advances bill to limit automated speed-camera penalties and collections
Summary
The Senate Tax, Business and Transportation Committee on Jan. 26 voted to advance Senate Bill 91, a measure to limit penalties and private-collection practices for automated speed-camera violations, after hours of testimony from municipal officials, civil-rights advocates and law-enforcement leaders.
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The Senate Tax, Business and Transportation Committee on Jan. 26 voted to advance Senate Bill 91, which would impose guardrails on municipal automated-speed enforcement programs, limiting maximum fines, restricting use of private collections and barring vehicle impoundment for unpaid automated tickets alone.
Supporters said the bill protects low-income drivers from disproportionate consequences tied to civil penalties, while opponents — including Albuquerque police and officials — warned the restrictions could cripple programs that they say reduce speeding and save lives.
The bill was introduced by Senator Peter Duhigg as a response to Albuquerque’s camera program. “They're charging a $100 fine, which is the maximum under state law, that that a municipality can can charge for traffic violation,” Duhigg said. He described cases in which people received multiple civil notices and where vendors’ contracts give private firms early access to revenue.
Nut graf: The measure draws a stark choice for lawmakers between two policy priorities: (1) traffic-safety programs that use automated cameras and rely on private vendors to enforce civil penalties, and (2) curbing what advocates call cascading financial harms from high flat fines, third-party collections and vehicle impoundments. The committee’s action would require municipalities to align automated-ticket penalties with the state’s graduated schedule for officer-issued citations and restrict collection methods.
Committee debate and testimony centered on three points: fairness of a flat $100 automated fine, vendor incentives and consequences of collections. Bree Sillery of the Fines & Fees Justice Center said the program produced “undelivered citations and due process concerns” and stressed that automated programs can create cascading harms including reporting to collectors and impoundments. Sillery testified the bill “restores fairness and proportionality.”
Albuquerque Police Department traffic commander Benito Martinez told the panel the cameras are a “force multiplier” that has driven down speeding where used. “We have seen up to 43% reduction in speeding, and in some places, close to 80% reduction,” Martinez said, and added the city offers payment plans and community-service options.
City staff and the camera vendor contracts drew scrutiny. Supporters pointed to language in state law that establishes graduated penalty ranges (references in the hearing included statutory citations discussed by witnesses) and noted Albuquerque’s use of third-party vendors to process violations and, in practice, to refer unpaid penalties to collections. Committee members from both parties questioned whether vendors’ payment arrangements create an incentive to issue more notices.
The committee adopted an amendment that removed language prohibiting municipalities from paying vendors an administration fee but preserved prohibitions on commission-based pay tied to the number of penalty assessments. After debate the committee voted 5–4 to recommend a do-pass to the full Senate. The record shows close party-line divisions and that members asked for additional statutory clarifications in later stages.
What’s next: SB91 will be scheduled for consideration by the full Senate after committee report. The bill as amended would allow automated enforcement programs to continue but require municipalities to use the same graduated penalties that apply when a driver is pulled over by an officer, bar private collections that impose additional statutory fees beyond the capped penalty, and prohibit impoundment solely for unpaid automated violations.
Ending: Sponsors and opponents alike told the committee they want safer streets; they disagree on enforcement design. Lawmakers signaled they will try to preserve safety gains while narrowing indirect financial consequences for residents.
