Senate committee advances bill to limit sale and sharing of ‘sensitive personal information,’ adds MVD enforcement power

Senate Bill 36, a proposal to restrict how state agencies and outside data brokers may share "sensitive personal information," was amended and advanced out of the Senate Judiciary Committee on a due-pass recommendation.

The bill, sponsored in committee discussion by Senator Cedillo Lopez, would create a statutory “Non‑Disclosure of Sensitive Personal Information Act” that lists categories of sensitive data state employees may not disclose, establishes civil penalties and creates administrative enforcement. The measure also amends the motor-vehicle statutes to give the Motor Vehicle Division (MVD) authority to revoke nongovernmental access to MVD records for certain unlawful uses.

Why it matters: Supporters said the bill protects people who are at greater risk if data is misused — including survivors of domestic violence, immigrants and LGBTQ New Mexicans — and restores public trust in state systems. Opponents raised concerns about preserving transparency and whether a statewide rule could unintentionally limit access that other laws require.

Committee discussion and amendment

Sponsor remarks: "This bill does two things," Senator Cedillo Lopez told the committee, describing a uniform policy for state employees and new safeguards in the MVD database. The sponsor moved an amendment that replaced the phrase "federal immigration laws" with a narrower reference: the Federal Immigration and Nationality Act "except felony criminal provisions of that act." The amendment also added a provision authorizing the MVD director to revoke nongovernmental access if records were used to enforce the INA outside the limited criminal provisions.

Supporters and their concerns: Dozens of witnesses spoke in favor. Mary Ellen Garcia, CEO of the New Mexico Coalition Against Domestic Violence, said misuse of records can "jeopardize" survivors' safety and discourage reporting. Jessica Ines Martinez of the New Mexico Immigrant Law Center urged protection of immigration status; Marshall Martinez of Equality New Mexico called the changes vital for LGBTQ New Mexicans; and Denali Wilson of the ACLU of New Mexico advised that federal preemption concerns should not block state regulation of agency data-handling.

On transparency: Committee members pressed the sponsor on whether the MVD revocation power would become a de facto exception to the Inspection of Public Records Act. The sponsor replied that the bill’s exceptions fall under the act’s established "otherwise provided by law" language. Senators sought assurance the director’s revocation authority would be exercised with discretion; the sponsor accepted language clarifying that revocation is permissive and could be revisited if an entity remedied a violation.

Outcome and next steps: The committee adopted the sponsor’s amendment and voted to give SB 36 a due-pass recommendation as amended. The committee recorded no additional statutory appropriations. The bill now moves to the next committee of reference or to the Senate calendar, per legislative schedule.

Votes at the committee: The committee adopted the amendment and then voted to recommend a due pass for SB 36 as amended.

Speakers quoted in this article come from the hearing record and are attributed to individuals who appeared and spoke at the committee hearing.