Summary:

 House Joint Memorial 9 (HJM 9) requests the New Mexico Legislative Council to create a special interim legislative committee dedicated to examining artificial intelligence (AI) policy and data privacy issues in the state. The committee would study the implications of AI technology, including concerns related to bias, security, workforce displacement, and ethical use, while also evaluating the state’s regulatory gaps in data privacy protections. The memorial directs the committee to hold public hearings, gather expert testimony, and develop legislative recommendations for the 2026 session to ensure responsible AI development and data governance. The memorial also urges consideration of federal, state, and international AI and data privacy policies to inform New Mexico’s approach. 

Legislation Overview:

 House Joint Memorial 9 (HJM 9) recognizes the growing influence of AI technology in industries such as government, health care, education, and business, while acknowledging the need for policy oversight to balance economic benefits with public protections. It highlights concerns related to AI bias, security risks, transparency, and ethical challenges, particularly regarding automated decision-making in employment, finance, law enforcement, and consumer interactions. The memorial also raises concerns about data privacy, noting that the absence of comprehensive state laws places New Mexico residents at risk of unauthorized data collection, breaches, and exploitation.

HJM 9 requests the New Mexico Legislative Council to establish an interim legislative committee during the 2025 interim to study these issues and propose legislation for the 2026 session. The committee would be responsible for evaluating federal, state, and international AI and data privacy policies, examining best practices for AI regulation, and developing policy recommendations for the state. The memorial encourages collaboration with New Mexico’s national laboratories, universities, technology businesses, and consumer advocacy organizations to ensure broad stakeholder input.

Copies of the memorial are to be transmitted to the governor, the director of the Legislative Council Service, the secretary of Information Technology, representatives from the state’s higher education institutions, national labs, technology industry, and consumer advocacy groups to encourage participation and policy alignment.

Implications

HJM 9 underscores New Mexico’s need for AI governance and data privacy protections, particularly as AI technology expands into sensitive areas such as hiring, financial services, and law enforcement. By requesting the creation of a special interim legislative committee, the memorial aims to ensure that policymakers, industry leaders, and public interest groups collaborate on regulatory solutions tailored to New Mexico’s needs. The committee’s findings could influence future legislation on AI transparency, bias mitigation, and responsible data use.

The memorial’s emphasis on federal, state, and international AI policies ensures that New Mexico’s approach remains aligned with national and global best practices. Other states, including California, Illinois, and Colorado, have already enacted data privacy and AI governance laws, and this committee would evaluate whether similar frameworks should be adopted in New Mexico.

If enacted, the committee’s recommendations could lead to new AI regulations in hiring, law enforcement, and automated decision-making systems. Additionally, stronger consumer data privacy protections could be introduced to prevent the misuse of personal data by businesses and government agencies. The memorial acknowledges that AI-driven innovations can drive economic growth, but it also highlights the need to balance innovation with ethical responsibility.

While the memorial does not allocate funding or impose regulatory mandates, it lays the groundwork for future AI and data privacy legislation. The success of this initiative will depend on legislative engagement, stakeholder input, and the committee’s ability to produce actionable recommendations before the 2026 session. 

Current Law:

 New Mexico does not currently have a comprehensive AI regulation or data privacy law. AI-related decisions in hiring, law enforcement, and financial services are subject to federal regulations, such as the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA), but these laws do not fully address AI bias, automated decision-making, or personal data protection at the state level.

Other states have implemented comprehensive data privacy laws that require companies to disclose data collection practices, allow consumers to opt out of data sharing, and regulate AI-based decision-making. In contrast, New Mexico lacks a formal data protection framework, leaving residents vulnerable to unauthorized data use and AI-driven discrimination.