Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Gonzales
LAST UPDATED
ORIGINAL DATE 2/17/2025
SHORT TITLE Hwy Construction Auto Speed Enforcement
BILL
NUMBER Senate Bill 241
ANALYST Simon
REVENUE*
(dollars in thousands)
Type FY25 FY26 FY27 FY28 FY29
Recurring or
Nonrecurring
Fund
Affected
Speeding
Fines
$315.0 to
$630.0
$315.0 to
$630.0
$315.0 to
$630.0
$315.0 to
$630.0
Recurring No fund listed
$315.0 to
$630.0
$315.0 to
$630.0
$315.0 to
$630.0
$315.0 to
$630.0
Parentheses ( ) indicate revenue decreases.
*Amounts reflect most recent analysis of this legislation.
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
DPS
Administrative
Costs
$218.3 $218.3 $429.6 Recurring General Fund*
NMDOT
Administrative
Costs
$315.0 to
$630.0
$326.9 $653.8 Recurring No fund listed
Total
$533.3 to
$848.3
$533.3 to
$848.3
Parentheses ( ) indicate expenditure decreases.
*General fund obligations could be offset by transfers from NMDOT
Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Department of Transportation (NMDOT) Department of Public Safety (DPS) Agency Analysis was Solicited but Not Received From
Administrative Office of the Courts (AOC) Senate Bill 241 – Page 2
SUMMARY
Synopsis of Senate Bill 241
Senate Bill 241 (SB241) authorizes the Department of Transportation (NMDOT) to set up
automated traffic enforcement systems, issue citations, and impose fines on road users who
exceed the speed limits in posed constructions zones on state highways. Fines could only be
imposed if the state police determines a speeding violation has occurred. Fines would equal $50
for six to 10 miles per hour over the posted speed limit, $100 for 11 to 15 miles per hour over the
speed limit, or $200 for 16 or more miles per hour over the posted speed limit. The department is
authorized to appoint hearing officers to adjudicate a dispute regarding the fine and reach a final
decision regarding the imposition of a civil fine. The department is authorized to spend the
proceeds of the fines to administer the program.
The effective date of this bill is July 1, 2025.
FISCAL IMPLICATIONS
SB241 would allow NMDOT to impose fines, collect fines from motorists, and spend the
proceeds of those fines. NMDOT declined to project possible revenues the department expects to
raise from the program but states the program is expected to “generate sufficient revenue for the
program to support itself.” However, NMDOT notes there may be other expenses outside of
automated enforcement the department may need to cover. For example, the department will
need to conduct additional planning and include additional signage, which has the potential to
increase project costs.
The department does not provide a budget projection to demonstrate the level of revenue that
would be necessary to support the program, does not outline possible expenditures, including
expenditures on contractors that may be used to “aid in the administration” of the program, or the
possible fiscal impact from the purchase and automated enforcement systems.
While revenue projections from the department are unavailable, the Department of Public Safety
(DPS) notes state police have issued 13.8 thousand citations in construction zones over the last
five year, or about 2,760 per year. Assuming at least 2,700 citations would be issued each year
and roughly even number of citations are in each level, NMDOT could realize $315 thousand per
year in revenue. If the number of citations were to double, the program could raise up to $630
thousand. However, it is unclear how many citations the department may issue. Automated
enforcement could be more efficient than manual enforcement, leading to a large number of
citations. But aggressive enforcement could be effective at reducing speeding—the ultimate goal
of the bill—which could reduce the number of citations over time.
The bill would require the state police to review evidence to determine if a speeding violation
occurred. DPS estimates the Law Enforcement Records Bureau would need to hire two
additional staff and would experience additional costs to ensure compliance with policies of the
Criminal Justice Information Service and ensure adequate data protections around the sharing
and use of data from automated enforcement systems. DPS recommends allocating 15 percent to
25 percent of the revenue for DPS administrative expenses. SB241 appropriated funds to
NMDOT to “install, maintain and administer automated traffic enforcement systems” but is Senate Bill 241 – Page 3
unclear how much, if any, would be transferred to DPS to cover administrative costs.
SIGNIFICANT ISSUES
Workers in highway construction zones are particularly vulnerable to injury or fatalities due to
motor vehicles. Research has shown traveling at a high rate of speed increases the risk for
workers. According to the American Road and Transportation Builders Association, nationwide
there were more than 96 thousand crashes in work zones in 2022, resulting in 891 total fatalities,
which includes 136 pedestrians.
One method some states have explored to reduce speeds in work zones in installing automated
speed enforcement (or “speed cameras”) around constructions site to encourage motorists to
reduce speed and fine motorists who do not obey posted speed limits. In recent years, several
other jurisdictions have adopted automated speed enforcement programs, including
Pennsylvania, New York, Maryland, Oregon, Illinois, and Washington. Pennsylvania’s program,
which began in 2020, included a requirement to study the effectiveness of the program.
Researchers found that, in 2020, 28 percent of motorists exceeded the speed limit in work zones,
including 5 percent of drivers who exceeded the speed limit by at least 11 miles per hour. By
2022, researchers reported the percentage of motorists speeding through work zones dropped to
17.2 percent, with only 2.6 percent of motorists exceeding the speed limit by 11 miles per hour
or more. That research also found a reduction in work zone crashes.
Analysis from DPS notes automated enforcement in construction zones would aid DPS in
improving the safety of New Mexico’s roadways. The bill could be effective at reducing speeds
in construction zones, providing additional protection for workers who are particularly
vulnerable along high-speed corridors, such as interstate highways outside of urban areas.
ADMINISTRATIVE IMPLICATIONS
Analysis from DPS illustrates a number of steps that program administrators and vendors must
take to properly implement the act. DPS notes vendors handling data will be required to pass
fingerprint-based background checks and sign agreements with DPS governing data security and
preventing vendors from selling any data or share with another entity for non-criminal justice or
non-public safety purpose. Vendors would be required to complete compliance audits and vendor
staff could be subject to disciplinary actions for misuse of data. DPS notes the importance of the
department retaining full operational control and oversight of automated speed enforcement
systems data and infrastructure.
SB241 does not include provisions related to appealing fines beyond administrative hearings,
which DPS states could raise constitutional challenges.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
SB241 relates to Senate Bill 91, which limits municipal automated speed enforcement programs
from using collection agencies to collect unpaid penalties, reporting unpaid penalties to credit
reporting agencies, or from impounding vehicles based on nonpayment. SB241 may conflict with
these limitations.
Senate Bill 241 – Page 4
OTHER SUBSTANT IVE ISSUES
In 2023, the Legislature enacted a law with bipartisan support eliminating the use of penalty
assessment fees as revenue (Laws 2023 Chapter 184) because such fees disproportionately
impact marginalized communities and amount to double taxation. Fee funding is an unreliable
source of revenue for government programs because revenue changes with cycles unrelated to
the programs they fund.
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