HOUSE BILL 235

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Debra M. Sari ana and Daniel A. Ivey-Soto and Harold Pope

and Alan T. Martinez and Harry Garcia

 

 

 

 

AN ACT

RELATING TO THE MILITARY; PROVIDING EXEMPTION FROM STATE LICENSING REQUIREMENTS FOR CHILD CARE PROGRAMS OR FACILITIES LICENSED OR CERTIFIED BY THE UNITED STATES DEPARTMENT OF DEFENSE OR UNITED STATES COAST GUARD; PROVIDING PORTABILITY OF PROFESSIONAL LICENSES FOR A MEMBER OF THE ARMED FORCES OR A MEMBER'S SPOUSE WHO RELOCATES FROM ANOTHER STATE TO NEW MEXICO; AMENDING VARIOUS COMMISSION AND COUNCIL MEMBERSHIPS TO INCLUDE A MEMBER OF THE ARMED FORCES OR STATE DEFENSE FORCE, A SPOUSE OF A MEMBER OF THE ARMED FORCES OR STATE DEFENSE FORCE OR A VETERAN; AMENDING SECTIONS OF THE NMSA 1978 TO ADD SPACE FORCE TO THE DEFINITIONS OF "ARMED FORCES" AND "UNIFORMED SERVICES" THAT INVOLVE PROGRAMS AND SERVICES FOR WHICH MEMBERS OF THE ARMED FORCES OF THE UNITED STATES ARE ELIGIBLE; PROVIDING FOR CONCURRENT JURISDICTION ON VIOLATION OF LAWS BY A CHILD ON MILITARY INSTALLATIONS.

 

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

     SECTION 1. [NEW MATERIAL] LICENSE-EXEMPT CHILD CARE FACILITIES--MILITARY FACILITIES.--A program or a facility certified as a family child care provider by a branch of the United States department of defense or by the United States coast guard shall be exempt from child care facility licensure requirements provided pursuant to state law. This section does not apply to family child care providers who also provide child care services to children not affiliated with a branch of the United States department of defense or the United States coast guard.

     SECTION 2. [NEW MATERIAL] PORTABILITY OF COVERED PROFESSIONAL LICENSES--MEMBERS OF ARMED FORCES AND SPOUSES.--

          A. If a member of the armed forces or a member's spouse has a covered professional license from another state and the member of the armed forces or the member's spouse relocates to New Mexico from another state because of military orders for military service, the covered professional license shall be considered valid at a similar scope of practice and in the discipline applied for in New Mexico for the duration of the military orders if the member of the armed forces or the member's spouse:

                (1) provides a copy of the military orders to the regulation and licensing department;

                (2) remains in good standing with the licensing authority that issued the covered professional license and every other licensing authority that has issued

to the member of the armed forces or the member's spouse a license valid at a similar scope of practice and in the discipline applied in the jurisdiction of such licensing authority; and

                (3) submits to the regulation and licensing department for the purposes of standards of practice, discipline and fulfillment of any continuing education requirements.

          B. If a member of the armed forces or a member's spouse is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the member of the armed forces or the member's spouse shall be subject to the requirements of the compact or the applicable provisions of law of the applicable state and not this section.

          C. As used in this section, "covered professional license" means a professional license or certificate that:

                (1) is in good standing with the licensing authority that issued such professional license or certificate;

                (2) a member of the armed forces or a member's spouse actively used during the two years immediately preceding the relocation pursuant to Subsection A of this section; and

                (3) is not a license to practice law.

     SECTION 3. Section 1-1-5.4 NMSA 1978 (being Laws 2015, Chapter 145, Section 3) is amended to read:

     "1-1-5.4. UNIFORMED-SERVICE VOTER.--As used in the Election Code, "uniformed-service voter" means an individual who is a United States citizen, whose voting residence is in this state, who otherwise satisfies this state's voter eligibility requirements and who is:

          A. a member of the active or reserve components of the army, navy, air force, space force, marine corps or coast guard of the United States who is on active duty and who by reason of that active duty is absent from the state;

          B. a member of the merchant marine, the commissioned corps of the public health service, the astronaut program of the national aeronautics and space administration or the commissioned corps of the national oceanic and atmospheric administration of the United States and who by reason of that service is absent from the state;

          C. a member on activated status of the national guard or state militia and who by reason of that active duty is absent from the member's county of residence; or

          D. a spouse or dependent of a member referred to in Subsection A, B or C of this section and who, by reason of active duty or service of the member, is absent from the state; provided the spouse or dependent is an individual recognized as a spouse or dependent by the entity under which the member is serving."

     SECTION 4. Section 19-2-2 NMSA 1978 (being Laws 1963, Chapter 262, Section 1) is amended to read:

     "19-2-2. JURISDICTION--TRANSFER PROCEDURE.--

          A. In order to acquire all or any measure of legislative jurisdiction of the kind involved in Article I, Section 8, Clause 17 of the constitution of the United States over any land or other area or in order to relinquish such legislative jurisdiction or any measure thereof [which] that may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file with the governor a notice of intention to acquire or relinquish such legislative jurisdiction, together with a sufficient number of duly authenticated copies [thereof] to meet the recording requirements of Subsection C of this section [with the governor]. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change in jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred. Immediately upon receipt of the notice, the governor shall furnish the attorney general with a copy of it and shall request [his] the attorney general's comments and recommendations.

          B. The governor shall transmit the notice, together with [his] the governor's comments and recommendations, if any, and the comments and recommendations of the attorney general, if any, to the next session of the legislature. Unless prior to the expiration of the legislative session to which the notice is transmitted the legislature has adopted a resolution approving the transfer of legislative jurisdiction as proposed in the notice, the transfer shall not be effective.

          C. The governor shall cause a duly authenticated copy of the notice and resolution to be recorded in the office of the county clerk of the county where the land or other area affected by the transfer of jurisdiction is situated, and, upon such recordation, the transfer of jurisdiction shall take effect. If the land or other area is situated in more than one county, a duly authenticated copy of the notice and resolution shall be recorded in the county clerk's office of each such county.

          D. The governor shall cause copies of all documents recorded pursuant to [this act] Sections 19-2-2 through 19-2-4 NMSA 1978 to be filed with the state law library.

          E. Upon request of the United States, the state shall establish concurrent jurisdiction over a military installation in matters relating to violations of law by a child within the military installation's boundaries. This shall not be considered a relinquishment or transfer of any other jurisdiction.

          F. As used in this section, "child" means a person who is less than eighteen years old."

     SECTION 5. Section 21-1-4.5 NMSA 1978 (being Laws 2005, Chapter 168, Section 1, as amended) is amended to read:

     "21-1-4.5. RESIDENT TUITION FOR VETERANS OF THE ARMED FORCES OF THE UNITED STATES AND FAMILIES OF MEMBERS OF THE ARMED FORCES.--

          A. A veteran of the armed forces of the United States shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning, provided that the veteran is eligible for veterans' education benefits under federal law. In order for a veteran who is not a resident of New Mexico to receive in-state tuition rates, the veteran shall use the veteran's federal educational benefits at a state public post-secondary institution.

          B. A spouse or child of an active member of the armed forces who is assigned to duty in New Mexico shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning.

          C. A spouse or child of an active member of the armed forces who is assigned to duty elsewhere immediately following assignment to duty in New Mexico shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning as long as the spouse or child resides continuously in New Mexico.

          D. A spouse or child of an active member of the armed forces who dies or is killed shall be deemed an in-state resident for purposes of determining tuition and fees at all state institutions of higher learning if the spouse or child becomes a resident of New Mexico within sixty days of the date of death.

          E. A veteran of the armed forces who pays tuition and fees at the rate provided for New Mexico residents under this section is entitled to pay tuition and fees at the rate provided for New Mexico residents in any subsequent term or semester while the veteran is enrolled in a degree or certificate program.

          F. If an active member of the armed forces is stationed outside New Mexico and the member's spouse or child establishes residence in New Mexico and files with a state institution of higher learning at which the spouse or child plans to register a letter of intent to establish and continue residing in New Mexico, the spouse or child shall be deemed an in-state resident for purposes of determining tuition and fees at that state institution of higher learning without regard to length of time that the spouse or child has resided in the state.

          G. A spouse or child of an active member of the armed forces who pays tuition and fees at the rate provided for New Mexico residents under this section is entitled to pay tuition and fees at the rate provided for New Mexico residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. A person's eligibility to pay tuition and fees at the rate provided for New Mexico residents under this subsection does not terminate because the person is no longer a child or spouse of a member of the armed forces.

          H. A spouse or child of a veteran of the armed forces is entitled to pay tuition and fees at the rate provided for New Mexico residents; provided that the spouse or child is eligible for benefits pursuant to the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any other federal law authorizing educational benefits for a veteran and the dependents of a veteran.

          I. As used in this section, "armed forces" means the United States army, navy, air force, space force, marine corps or coast guard.

          J. As used in this section, "veteran" means a person who:

                (1) was regularly enlisted, drafted, inducted or commissioned in the:

                     (a) armed forces of the United States and was accepted for and assigned to active duty in the armed forces of the United States;

                     (b) army reserve, navy reserve, marine corps reserve, air force reserve, space force reserve, coast guard reserve, army national guard or air national guard and was accepted for and assigned to duty for a minimum of six continuous years; or

                     (c) United States public health service commissioned corps or the national oceanic and atmospheric administration commissioned officer corps and served in the capacity of a commissioned officer while on active duty in defense of the United States; and

                (2) was not separated from such service under circumstances amounting to dishonorable discharge."

     SECTION 6. Section 24-1-28 NMSA 1978 (being Laws 2004, Chapter 46, Section 2, as amended) is amended to read:

     "24-1-28. BEHAVIORAL HEALTH PLANNING COUNCIL CREATED--POWERS AND DUTIES--MEMBERSHIP.--There is created the "behavioral health planning council".

          A. The council shall consist of the following members, all of whom shall be appointed by and serve at the pleasure of the governor:

                (1) consumers of behavioral health services and consumers of substance abuse services, as follows:

                     (a) adults with serious mental illness;

                     (b) seniors;

                     (c) family members of adults with serious mental illness and of children with serious emotional or neurobiological disorders; and

                     (d) persons with co-occurring disorders;