New Mexico Artificial Intelligence Act, HB 60, moving to a floor vote in the House
Rep. Christine Chandler, above, is the author of the New Mexico Artificial Intelligence Act (HB 60), which is expected to receive a full vote on the floor of the House after passing out of two committees.
Feb. 25, 2025 — The New Mexico Artificial Intelligence Act passed the state House Judiciary Committee 8-3 on Monday and will now head to the House floor for a full vote.
The proposal (HB 60) is among the most promising AI bills in state legislatures across the U.S. right now because it improves on the Colorado AI Act, adopted in Denver last year.
Now that it’s been approved by the Judiciary and Consumer & Public Affairs Committees, the bill heads to the House floor for a full vote, though it has yet to be scheduled. If successful there, it would move to the state Senate.
Rep. Christine Chandler (D-Los Alamos) drafted the legislation, which focuses on protecting consumers from the negative impacts of “high-risk AI systems,” which are defined as those that make consequential decisions in areas like education, employment, financial services, healthcare, housing, insurance, and legal services.
The goal is to identify and restrict AI tools with algorithms that may discriminate based on age, race, or other factors in determining access to any number of critical services.
transparency coalition on the ground in Santa fe
Steve Wimmer, technical and policy advisor for the Transparency Coalition, has been in Santa Fe working with legislators on the bill.
“This bill is essentially trying to create a framework of responsibility for both the people who built the software and the people who put it into use for the public's consumption,” Wimmer said. HB 60 would ensure that AI developers and deployers take their responsibilities serious “because of the important and significant downstream impact” of AI systems on the lives of those who interact with them.
“That's why these reporting instructors are as stringent as they are, to provide that level of transparency around these tools to make sure those folks who are building the software and are deploying it fully understand the downstream issues.”
ai transparency and disclosure are key
In addition to a requirement that developers use “reasonable care” to protect consumers from foreseeable risk of algorithmic discrimination, the proposal would require AI developers and the companies that deploy AI to disclose any incidents of discrimination to the New Mexico Department of Justice within 90 days.
Developers would also need to inform consumers when they are interacting with an AI system, and to post in clear language on their website a summary of the types of high-risk systems they are offering and how they manage the associated risk. The bill also requires AI deployers to provide the consumer the right to appeal any consequential decisions made by high-risk AI systems with an actual human.
impact assessments and enforcement
HB 60 would also require impact assessments—documents maintained by developers and deployers that evaluate the effect of their technologies.
The New Mexico Attorney General would have authority to enforce these measures, and individuals would be able to sue for harm (also known as a private right of action). The bill also provides deployers and developers with a “right to cure”—in other words, the AI deployer or developer would have the opportunity to correct an issue prior to further legal proceedings.
concern from insurance sector
The primary voice of opposition to HB 60 during yesterday’s House Judiciary Committee hearing came from the insurance industry. A lobbyist representing the American Property Casualty Insurance Association, the American Council of Life Insurers, and America’s Health Insurance Plans spoke against HB 60.
The insurance industry’s concern was that their companies already comply with requirements of New Mexico’s “robust” insurance code, and that insurance companies must make choices in underwriting where certain factors – including age and gender – are taken into account. The industry does not want those decision factors, which are common in the insurance industry, to be penalized as unfair algorithmic discrimination.
The bill is co-sponsored by Rep. Andrea Romero, Rep. Debra M. Sariñana, and Rep.
Linda M. Trujillo.
A full legislative bill analysis of HB 60 is available here.
Read more about New Mexico’s HB 60
