New Mexico has NO enacted state-specific digital/ICT accessibility law: its 'Accessibility Act' (HB 120, 2025) passed the Legislature nearly unanimously but was vetoed by Governor Michelle Lujan Grisham on April 11, 2025, and a 2026 reintroduction (HB 295) was still pending. Consequently the federal ADA Title II baseline (28 CFR Part 35, WCAG 2.1 Level AA, compliance by Apr 26 2027 / Apr 26 2028) is the operative requirement for state agencies, public higher education, and local government. There is no state private right of action and no state statutory damages; the vetoed bill would have allowed only injunctive relief plus attorney fees, while the current federal posture is complaint-driven and DOJ/ADA-enforced. Note: several vendor blogs wrongly present the vetoed Accessibility Act as active law, so the state-specific risk signal is currently effectively zero pending future legislation.

What the law requires

• Responsible agency None - federal ADA Title II baseline only. (No enacted state digital-accessibility office; the proposed 'Office of Accessibility' would have sat within the Governor's Commission on Disability, but the enabling bill was vetoed.) (gcd.nm.gov/) (opens in new tab)
• Adopted standard No enacted state standard. Federal ADA Title II baseline applies: WCAG 2.1 Level AA per the DOJ Title II web/mobile rule (28 CFR Part 35). The vetoed HB 120 and pending HB 295 would have adopted WCAG 2.1 Level AA 'or any successor standards'.
• Who it covers Under the federal ADA Title II baseline: state and local government entities, including public higher education, and by extension their procured/contracted ICT. The vetoed/pending state bills would have covered only 'state agencies' (department, institution, board, bureau, commission, district or committee of state government); they did not explicitly extend to local government, public higher education, or vendors.
• Private right of action No state-specific private right of action exists, because the bill creating one was vetoed. The vetoed HB 120 (and pending HB 295) would have created a state private right of action allowing an individual with a disability to file a civil action for noncompliance. Currently, the only enforcement is the federal ADA Title II path: DOJ enforcement and a private right of action under the ADA (injunctive relief; ADA Title II itself provides no money damages absent intentional discrimination).
• Statutory damages / penalties None - enforcement/complaint-driven. The vetoed HB 120 provided only injunctive relief plus reasonable attorney fees and court costs to a prevailing party (no statutory damages or per-violation fines). Because the bill was vetoed, even that remedy is not in force. No state statutory damages exist.
• Exemptions No enacted state exemptions. Under the federal ADA Title II baseline, the standard undue-burden and fundamental-alteration defenses apply (28 CFR Part 35), along with the DOJ rule's limited exceptions (e.g., archived web content, certain third-party content, conventional electronic documents). The vetoed HB 120 did not contain explicit undue-burden or fundamental-alteration exemptions.
• Governing authority Federal ADA Title II (28 CFR Part 35) only. New Mexico's state-specific 'Accessibility Act' (HB 120, 2025 Regular Session) passed both chambers (House 60-3, Senate 40-0) but was VETOED by Governor Michelle Lujan Grisham on April 11, 2025, so it is NOT law. A reintroduction (HB 295, 2026 Regular Session) was pending with no final action confirmed as of the research date.
• Compliance deadline Federal Title II dates only (Apr 26 2027 for public entities serving 50,000+ population; Apr 26 2028 for smaller public entities and special district governments). The vetoed HB 120 had set April 1, 2026; the pending HB 295 (2026) proposed April 1, 2027, but neither is in force.

Official sources:
nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=120&year=25 (opens in new tab)
nmlegis.gov/Sessions/25%20Regular/bills/house/HB0120.html (opens in new tab)
governor.state.nm.us/2025/04/11/governor-lujan-grisham-vetoes-16-bills/ (opens in new tab)
governor.state.nm.us/2025/04/08/governor-lujan-grisham-signs-41-bills-into-law/ (opens in new tab)
gcd.nm.gov/disability-laws/ (opens in new tab)
section508.gov/manage/laws-and-policies/state/ (opens in new tab)

Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.