ARTIFICIAL INTELLIGENCE GOVERNMENT USE ACT

SB0068

SENATE BILL 68

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Heather Berghmans

AN ACT

RELATING TO TECHNOLOGY; ENACTING THE ARTIFICIAL INTELLIGENCE
GOVERNMENT USE ACT; REQUIRING PUBLIC BODIES TO ESTABLISH
POLICIES AND TRAINING PROGRAMS FOR THE USE AND IMPLEMENTATION
OF ARTIFICIAL INTELLIGENCE, AUTOMATED DECISION TOOLS AND
TECHNOLOGY RESOURCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] SHORT TITLE.--This act may be
cited as the "Artificial Intelligence Government Use Act".

SECTION 2.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Artificial Intelligence Government Use Act:

A. "artificial intelligence" means an engineered or
machine-based system that varies in its level of autonomy and
that can, for explicit and implicit objectives, infer from the
input that it receives how to generate outputs that can
influence physical or virtual environments;

B. "automated decision tool" means a system or
service that uses artificial intelligence and has been
specifically developed and marketed or specifically modified to
make a decision or generate a score, label, prediction or
recommendation that is a basis or partial basis to make a
decision;

C. "consequential decision" means a decision that
has a material, legal or similarly significant effect on the
provision or denial of, or the cost or terms of, the following
goods or services to a person:

(1) education enrollment;

(2) employment or an employment opportunity;

(3) a financial or lending service;

(4) housing;

(5) health care service;

(6) insurance; or

(7) legal service;

D. "cybersecurity" means acts, practices or systems
that eliminate or reduce the risk of loss of critical assets,
loss of sensitive information or reputational harm as a result
of a cyberattack or breach within an organization's network;

E. "employee" means a person employed by a public
body;

F. "nonpublic data" means confidential information
that is legally protected from public disclosure, including
disclosure pursuant to an Inspection of Public Records Act
request;

G. "public body" means:

(1) a state agency, a board, a bureau, a
commission, a department, a district or an instrumentality of
the state; or

(2) a county, a municipality, the governing
body of a charter school, a school district, the New Mexico
school for the deaf, the New Mexico school for the blind and
visually impaired or a public post-secondary educational
institution; and

H. "technology resource" means hardware,
infrastructure, personnel or software used to automate office
activities, for electronic or telecommunication or to process
or store information.

SECTION 3.
[
NEW MATERIAL
] ARTIFICIAL INTELLIGENCE AND
AUTOMATED DECISION TOOLS--POLICIES.--

A. A public body shall establish a policy regarding
the authorized uses of artificial intelligence and automated
decision tools and technology resources by employees.

B. An artificial intelligence and automated
decision tool policy or a technology resource policy
established by a public body shall:

(1) specifically address the security
procedures for the use of such tools and resources with regard
to maintaining the security of nonpublic data;

(2) define the authorized use of artificial
intelligence and automated decision tools for the public body;

(3) require an authorized human employee to
make a final consequential decision in the course of the
employee's employment, regardless of what the artificial
intelligence or automated decision tool recommends; and

(4) prohibit the use of a public body's
artificial intelligence and automated decision tools and
technology resources to intentionally override or avoid the
security or system integrity procedures of the public body
other than in the course of a security or system test within
the scope of the employee's regular job duties or as authorized
by the public body's designated security officer.

C. An executive, judicial or legislative agency,
board, bureau, commission, department or instrumentality of the
state shall make its artificial intelligence, automated
decision tool and technology resources policies available to
the public upon request.

SECTION 4.
[
NEW MATERIAL
] TRAINING.--A public body shall
train its employees on:

A. its policies regarding cybersecurity and
employee use of artificial intelligence, automated decision
tools and technology resources; and

B. the appropriate use of artificial intelligence
and automated decision tools in making decisions of any type.

SECTION 5.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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