New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB69 Introduced / Fiscal Note

Filed 02/05/2025

                    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 Pope/Stefanics 
LAST UPDATED 
ORIGINAL DATE 02/05/2025 
 
SHORT TITLE Right To Repair Consumer Electronics Act 
BILL 
NUMBER Senate Bill 69 
  
ANALYST Gygi 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
NMAG 
Indeterminate 
but minimal 
Indeterminate 
but minimal 
Indeterminate 
but minimal 
 Recurring General Fund 
Courts 
Indeterminate 
but minimal 
Indeterminate 
but minimal 
Indeterminate 
but minimal 
 Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Administrative Office of the Courts (AOC) New Mexico Attorney General (NMAG) Agency Analysis was Solicited but Not Received From 
Regulation and Licensing Department (RLD) 
 
SUMMARY 
 
Synopsis of Senate Bill 69   
 
Senate Bill 69 (SB69) establishes the Right to Repair Consumer Electronics Act. If enacted, 
manufacturers of consumer electronic goods are obligated to provide documentation, tools, and 
parts to owners and independent repair providers, not solely to authorized service providers. The 
bill: 
 
 Specifies obligations of manufacturers, including making documentation, tools, and parts 
available at fair and reasonable terms, but does not require disclosure of trade secrets; 
 Authorizes the New Mexico Attorney General (NMAG) to initiate investigations of 
complaints and enforcement actions for violations and prescribes penalties; 
 Specifies duties of repair providers; 
 Makes exceptions for motor vehicles, medical devices, solar electricity generators, 
energy storage systems, offroad equipment, farm tools, and construction equipment, 
among other things; and 
 Applies to cell phones manufactured and first sold or used in the state after June 30, 2021  Senate Bill 69 – Page 2 
 
and any other consumer electronic equipment manufactured and sold or used in the state 
for the first time after June 30, 2015. 
 
The bill authorizes enforcement actions for violations that take place on or after July 1, 2027. 
Lastly, SB69 requires NMAG to report to the governor and the Legislature no later than 
December 31, 2028, detailing the previous two years’ worth of consumer complaints pertaining 
to potential violations of the act. 
 
The effective date of this bill is July 1, 2025. 
 
FISCAL IMPLICATIONS  
 
NMAG states additional resources may be needed for its new investigation and reporting duties 
resulting from SB69 if enacted. 
 
The Administrative Office of the Courts (AOC) projects a minimal administrative cost for 
statewide update, distribution, and documentation of statutory changes. It is possible that 
enforcement will increase the judiciary’s administrative workload and caseload in the courts, 
resulting in additional cost increases. 
 
SIGNIFICANT ISSUES 
 
States are responding to consumer demand for options to prolong the lifetime of their electronic 
devices and for affordable local repair providers. Six states have passed right to repair 
legislation: Massachusetts (2012, 2020), Colorado (2022, 2023, 2024), New York (2024), 
Minnesota (2023), Maine (2023), Oregon (2024), and California (2022). A 2023 National 
Conference of State Legislature (NCSL) report compared legislation introduced that year in 33 
states and Puerto Rico.
1
 Some of these bills address specific products, like wheelchairs, and 
others target broader categories, such as medical, digital, or agricultural equipment.  
 
Currently cell phone and laptop manufacturers employ manufacturing techniques for parts, such 
as batteries, that do not allow part replacement, instead requiring replacement of the device. Such 
practices create a worldwide e-waste problem.
2
 Right to repair legislation may change these 
practices. 
 
NMAG notes that SB69 defines “trade secrets” differently than the Uniform Trade Secrets Act, 
57-3A-2(D). 
 
PERFORMANCE IMPLICATIONS 
 
AOC reports the courts are participating in performance-based budgeting. This bill may have an 
impact on the measures of the district courts in the following areas:  
 
1
 https://www.ncsl.org/technology-and-communication/right-to-repair-2023-legislation 
2
 https://builtin.com/articles/right-to-repair-
act#:%7E:text=The%20Right%20to%20Repair%20Act%20passed%20as%20law%20in%20four,or%20in%20local
%20repair%20shops 
  Senate Bill 69 – Page 3 
 
 Cases disposed of as a percent of cases filed. 
 Percent change in case filings by case type.  
 
 
KG/SL2