HOUSE BILL 302

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

INTRODUCED BY

Debra M. Sari ana and Harry Garcia and Daniel A. Ivey-Soto and Alan T. Martinez and John Block

 

 

 

 

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; EXPANDING THE LIST OF PROTECTED CLASSES OF THE HUMAN RIGHTS ACT TO INCLUDE MILITARY STATUS; 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.

 

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. 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 3. 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 4. Section 28-1-2 NMSA 1978 (being Laws 1969, Chapter 196, Section 2, as amended) is amended to read:

     "28-1-2. DEFINITIONS.--As used in the Human Rights Act:

          A. "person" means one or more individuals, a partnership, association, organization, corporation, joint venture, legal representative, trustees, receivers, or the state and all of its political subdivisions;

          B. "employer" means any person employing four or more persons and any person acting for an employer;

          C. "commission" means the human rights commission;

          D. "director" or "bureau" means the human rights bureau of the labor relations division of the workforce solutions department;

          E. "employee" means any person in the employ of an employer or an applicant for employment;

          F. "labor organization" means any organization that exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment;

          G. "employment agency" means any person regularly undertaking with or without compensation to procure opportunities to work or to procure, recruit or refer employees;

          H. "public accommodation" means any governmental entity or any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private;

          I. "public contractor" means a person who receives public funds as a result of contracting with a governmental entity;

          J. "political subdivision" means any:

                (1) county;

                (2) incorporated city, town or village;

                (3) drainage, conservancy, irrigation, water and sanitation or other district;

                (4) mutual domestic association;

                (5) public water cooperative association; or

                (6) community ditch association;

          K. "housing accommodation" means any building or portion of a building that is constructed or to be constructed, which is used or intended for use as the residence or sleeping place of any individual;

          L. "real property" means lands, leaseholds or commercial or industrial buildings, whether constructed or to be constructed, offered for sale or rent, and any land rented or leased for the use, parking or storage of house trailers;

          M. "secretary" means the secretary of workforce solutions;

          N. "unlawful discriminatory practices" means those unlawful practices and acts specified in Section 28-1-7 NMSA 1978;

          O. "physical or mental disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities. A person is also considered to have a mental or physical disability if the person has a record of a physical or mental disability or is regarded as having a physical or mental disability;

          P. "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;

          Q. "applicant for employment" means a person applying for a position as an employee;

          R. "sex" means a person's categorization as male, female or intersex based on biology, physiology and physical characteristics;

          S. "sexual orientation" means a person's physical, romantic or emotional attraction to persons of the same or a different gender or the absence of any such attraction;

          T. "gender identity" means a person's self-perception, based on the person's appearance, behavior or physical characteristics, that the person exhibits more masculinity or femininity or the absence of masculinity or femininity whether or not it matches the person's gender or sex assigned at birth;

          U. "gender" means an individual or societal expectation or perception of a person as masculine or feminine based on appearance, behavior or physical characteristics;

          V. "reasonable accommodation" means modification or adaptation of the work environment, work schedule, work rules or job responsibilities, and reached through good faith efforts to explore less restrictive or less expensive alternatives to enable an employee to perform the essential functions of the job and that does not impose an undue hardship on the employer;

          W. "undue hardship" means an accommodation requiring significant difficulty or expense when considered in light of the following factors:

                (1) the nature and cost of the accommodation;

                (2) the financial resources of the employer involved in the provision of the reasonable accommodation;

                (3) the number of persons the employer employs;

                (4) the effect of the accommodation on

expenses and resources;

                (5) the impact of the accommodation otherwise upon the employer's business;

                (6) the overall financial resources of the employer;

                (7) the overall size of the business of an employer with respect to the number, type and location of its facilities;