reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-12 - Personnel board; rules.

The personnel board shall establish rules and procedures consistent with the state policy of employment of persons with a disability. The rules and procedures shall be adopted after consultation with appropriate vocational rehabilitation agencies, state institutions, interested private associations and organizations and interested individuals. Any rules or procedures adopted by the personnel board shall provide that:
A. certification in an appropriate form shall be required from an appropriate agency to the effect that:
(1) the person with a disability has the ability to perform the duties of the position sought;
(2) the person with a disability is physically qualified to do the work without hazard to that person or to others; and
(3) the person with a disability is socially competent in a work environment and, either independently or with continuing help as has been provided, in after-working-hours living;
B. there are suitable periods of probation or trial employment for persons with a disability before the employment becomes permanent under the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and
C. the processes set forth in this section for establishing the eligibility of persons with a disability are construed to meet the requirements of competitive entrance examinations under the provisions of the Personnel Act.
History:
1953 Comp., § 5-1-17, enacted by Laws 1969, ch. 129, § 4; 2007, ch. 46, § 35.
ANNOTATIONS
Compiler's notes.
— The personnel board is administratively attached to the general services department, as provided in 10-9-11 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10A - Human Immunodeficiency Virus Tests as Condition of Employment › Section 28-10A-1 - Human immunodeficiency virus related test; limitation.

A. No person may require an individual to disclose the results of a human immunodeficiency virus related test as a condition of hiring, promotion or continued employment, unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question.
B. A person who asserts that a bona fide occupational qualification exists for disclosure of an individual's human immunodeficiency virus related test results shall have the burden of proving that:
(1) the human immunodeficiency virus related test is necessary to ascertain whether an individual is currently able to perform in a reasonable manner the duties of the particular job or whether an individual will present a significant risk of transmitting human immunodeficiency virus to other persons in the course of normal work activities; and
(2) there exists no reasonable accommodation short of requiring the test.
History:
Laws 1989, ch. 228, § 1.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11 - Service Animal › Section 28-11-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 242, § 5 repealed 28-11-1 NMSA 1978, as enacted by Laws 1977, ch. 332, § 1, relating to hearing ear aid dogs, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11 - Service Animal › Section 28-11-1.1 - Short title.

Chapter 28, Article 11 NMSA 1978 may be cited as the "Service Animal Act".
History:
Laws 2005, ch. 224, § 1; 2013, ch. 57, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the act; after "cited as the", deleted "Assistance" and added "Service".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11 - Service Animal › Section 28-11-2 - Definitions.

As used in the Service Animal Act:
A. "emotional support animal", "comfort animal" or "therapy animal" means an animal selected to accompany an individual with a disability that does not work or perform tasks for the benefit of an individual with a disability and does not accompany at all times an individual with a disability;
B. "qualified service animal" means any qualified service dog or qualified service miniature horse that has been or is being trained to provide assistance to an individual with a disability; but "qualified service animal" does not include a pet, an emotional support animal, a comfort animal or a therapy animal;
C. "qualified service dog" means a dog that has been trained or is being trained to work or perform tasks for the benefit of an individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities; and
D. "qualified service miniature horse" means a miniature horse that has been trained or is being trained to work or perform tasks for the benefit of an individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities.
History:
Laws 1989, ch. 242, § 1; 1999, ch. 262, § 1; 1999, ch. 288, § 1; 2005, ch. 224, § 2; 2013, ch. 57, § 2.
ANNOTATIONS
Cross references.
— For the federal Americans with Disabilities Act,
see
42 U.S.C. § 12101 et seq.
The 2013 amendment,
effective June 14, 2013, added terms and definitions relating to emotional support and service animals; added Subsection A; in Subsection B, at the beginning of the sentence, after "qualified", deleted "assistance" and added "service", after "means any", deleted "assistance" and added "qualified service", after "dog or", deleted "other animal" and added "qualified service miniature horse", and after "disability", deleted "and includes" and added "but 'qualified service animal' does not include a pet, an emotional support animal, a comfort animal or a therapy animal"; deleted former Subsection A, which provided that an assistance dog was a qualified assistance animal; deleted former Subsection B, which provided that a guide dog was a qualified assistance animal; deleted former Subsection C, which provided that a hearing dog was a qualified assistance animal; deleted former Subsection D, which provided that a service dog was a qualified assistance animal; and added Subsections C and D.
The 2005 amendment,
effective June 17, 2005, deleted the former definition of "qualified assistance animal", which was defined to mean a dog trained by a recognized school to assist persons with disabilities, an animal recognized as a service animal pursuant to the Americans with Disabilities Act or an animal approved by the committee on concerns for the handicapped and added the definition of "qualified assistance animal".
The 1999 amendment,
effective June 18, 1999, rewrote the section to the extent that a detailed comparison was impracticable.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11 - Service Animal › Section 28-11-4 - Penalty.

A. A person who violates a provision of the Service Animal Act is guilty of a misdemeanor and, upon conviction, shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
B. Nothing in this section shall be construed to preclude any other remedy otherwise available pursuant to common law or other law of this state.
History:
Laws 1989, ch. 242, § 3; 2005, ch. 224, § 4; 2013, ch. 57, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided that the section does not preclude other available remedies; in Subsection A, after "violates a provision of the", deleted "Assistance" and added "Service"; and added Subsection B.
The 2005 amendment,
effective June 17, 2005, changed the statutory reference to the Assistance Animal Act.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11 - Service Animal › Section 28-11-6 - Prohibition of false presentation of animal as a qualified service animal.

A. A person shall not knowingly present as a qualified service animal any animal that does not meet a definition of "qualified service animal" pursuant to Section 28-11-2 NMSA 1978. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA 1978.
B. Nothing in this section shall be construed to preclude any other remedies otherwise available pursuant to common law or the NMSA 1978.
History:
Laws 2013, ch. 57, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11A - Telecommunication Devices for the Deaf › Section 28-11A-1 - Legislative finding.

The legislature finds that many state citizens who are unable to utilize telephone services in a regular manner due to hearing impairments are able to communicate through the use of telecommunication devices and that such devices should be installed in municipal police and county sheriff departments in areas where such units are in use by deaf persons and in the communications section of the state police in order to assure prompt response to emergency situations.
History:
Laws 1981, ch. 260, § 1.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11A - Telecommunication Devices for the Deaf › Section 28-11A-2 - Definitions.

As used in this act [28-11A-1 to 28-11A-3 NMSA 1978]:
A. "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit him from understanding telephonic voice communications; and
B. "telecommunication device for the deaf " means a teletypewriter or other instrument for telecommunication in which speaking or hearing is not required for communication.
History:
Laws 1981, ch. 260, § 2.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11A - Telecommunication Devices for the Deaf › Section 28-11A-3 - Vocational rehabilitation division; purchase of telecommunication devices for the deaf.

A telecommunication device for the deaf shall be purchased by the vocational rehabilitation division of the department of education and installed in the office of the municipal police department of any municipality with a population in excess of ten thousand inhabitants if the division determines and verifies that at least five telecommunication devices for the deaf are in use by deaf persons in the municipality, and in the office of the county sheriff in counties not having a municipality with a population in excess of ten thousand inhabitants if the division determines and verifies that at least five such devices are in use by deaf persons in that county.
History:
Laws 1981, ch. 260, § 3.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11B - Commission for Deaf and Hard-of-Hearing Persons › Section 28-11B-1 - Commission for deaf and hard-of-hearing persons created.

A. There is created the "commission for deaf and hard-of-hearing persons", consisting of seven members, a majority of whom are deaf or hard-of-hearing persons, including three ex-officio members and four members appointed by the governor without regard for party affiliation, with the advice and consent of the senate. Terms of appointed members shall be for six years, expiring on December 31 of odd-numbered years, in accordance with the staggered terms of the appointed members holding office on the effective date of this 1999 amendment.
B. Ex-officio members are:
(1) the president of the New Mexico association for the deaf or his designee;
(2) the superintendent of the New Mexico school for the deaf or his designee; and
(3) the director of the vocational rehabilitation division of the state department of public education or his designee who shall be knowledgeable in the area of deafness.
C. Appointed members are:
(1) a parent of a deaf or hard-of-hearing child;
(2) a professional person who is deaf or hard of hearing;
(3) a deaf or hard-of-hearing person who resides in southern New Mexico; and
(4) a deaf or hard-of-hearing person who resides in northern New Mexico.
D. A majority of the members of the commission for deaf and hard-of-hearing persons constitutes a quorum for transaction of business. The commission shall elect a chairman from its membership.
E. Members of the commission for deaf and hard-of-hearing persons shall be compensated as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
F. Commission members who are serving upon the effective date of this 1999 act shall serve out the terms to which they were appointed.
History:
Laws 1991, ch. 72, § 1; 1999, ch. 72, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, in Subsection A, inserted "including three ex-officio members and four members" in the first sentence, deleted the former second sentence, which read "Initially, three members shall be appointed for terms ending December 31, 1993, two members for terms ending December 31, 1995 and two members for terms ending December 31, 1997", in the second sentence, substituted "Terms of appointed members" for "Thereafter, appointments" and added the language beginning "in accordance" to the end; in Subsection B, substituted "Ex-officio members are" for "Appointments shall include" in the introductory language, deleted former Paragraph (3) which read, "a parent of a deaf or hard-of-hearing child", redesignated former Paragraph (4) as Paragraph (3); added the Subsection C designation, the introductory language, and Paragraph C(1); redesignated former Paragraphs B(5) through B(7) as Paragraphs C(2) through C(4); redesignated former Subsections C and D as Subsections D and E; added Subsection F; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11B - Commission for Deaf and Hard-of-Hearing Persons › Section 28-11B-2 - Commission for deaf and hard-of-hearing persons; powers and duties.

The commission for deaf and hard-of-hearing persons shall:
A. supervise the activities of the executive director of the commission;
B. identify the needs of the deaf and hard-of-hearing population of New Mexico;
C. provide educational assistance to state agencies and, specifically, ensure agency compliance with regulations pertaining to deafness promulgated pursuant to the federal Americans with Disabilities Act;
D. coordinate with state agencies providing services for deaf and hard-of-hearing persons;
E. advocate for equal access to services and opportunities for deaf and hard-of-hearing persons;
F. provide continuing education services to deaf and hard-of-hearing persons;
G. assist in the establishment of a statewide interpreter referral service;
H. review and coordinate certification and evaluation processes for interpreters;
I. convene a minimum of four times each year in varying locations throughout the state; and
J. submit reports on its work for the preceding year to the governor and the legislature at least forty-five days prior to each regular legislative session.
History:
Laws 1991, ch. 72, § 2.
ANNOTATIONS
Cross references.
— For the federal Americans with Disabilities Act,
see
42 U.S.C. § 12101 et seq.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11B - Commission for Deaf and Hard-of-Hearing Persons › Section 28-11B-3 - Commission; staff.

A. The commission for deaf and hard-of-hearing persons shall appoint an executive director, who shall be the administrative officer of the commission. A preference will be given to applicants for the executive director position who are deaf or hard of hearing.
B. The executive director shall employ such assistants and employees as are necessary for the efficient operation of the commission for deaf and hard-of-hearing persons. There shall be a minimum of five full-time staff members. The executive director shall not be subject to the Personnel Act [Chapter 10, Article 9 NMSA 1978]. All other staff members shall be subject to the Personnel Act.
History:
Laws 1991, ch. 72, § 3.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11B - Commission for Deaf and Hard-of-Hearing Persons › Section 28-11B-4 - Commission; task forces.

The commission for deaf and hard-of-hearing persons may appoint task forces as they are needed to study specific issues regarding deaf and hard-of-hearing persons. The task forces shall make written recommendations to the commission regarding improvement and coordination of activities relative to the concerns of deaf and hard-of-hearing persons.
History:
Laws 1991, ch. 72, § 4.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11C - Deaf and Hard-of-Hearing Children's Educational Bill of Rights › Section 28-11C-1 - Short title.

This act [28-11C-1 to 28-11C-3 NMSA 1978] may be cited as the "Deaf and Hard-of-Hearing Children's Educational Bill of Rights".
History:
Laws 2004, ch. 107, § 1 and Laws 2004, ch. 111, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 107 and Laws 2004, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, were effective May 19, 2004, 90 days after adjournment of the legislature.
Compiler's notes.
— Laws 2004, ch. 107, § 1 and Laws 2004, ch. 111, § 1 enacted identical new sections of law. Both were compiled as section 28-11C-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11C - Deaf and Hard-of-Hearing Children's Educational Bill of Rights › Section 28-11C-3 - Educational rights of deaf and hard-of-hearing children; additional duty of public education department.

A. The state of New Mexico recognizes the unique communication needs of children who are deaf or hard-of-hearing and encourages the development of specific recommendations by all state agencies, institutions and political subdivisions concerned with the early intervention, early childhood and kindergarten through twelfth grade education of students who are deaf or hard-of-hearing, including the public education department, the New Mexico school for the deaf and the department of health, to ensure that:
(1) these children have what every other child takes for granted, including an educational environment in which their language and communication needs are fully addressed and developed and in which they have early, ongoing and quality access to planned and incidental communication opportunities; and
(2) the recommendations, consistent with the findings and purpose of the Deaf and Hard-of-Hearing Children's Educational Bill of Rights, be completed expeditiously.
B. Since 20 U.S.C. Section 1414(d)(3)(B)(iv) of the federal Individuals with Disabilities Education Act requires that the individual education plan team consider the unique communication needs of children who are deaf or hard-of-hearing, the public education department shall develop a model "communication consideration for students who are deaf or hard-of-hearing", to become part of the individual education plan process. The model shall be disseminated to all local school districts, with training to be provided as determined by the department.
History:
Laws 2004, ch. 107, § 3 and Laws 2004, ch. 111, § 3.
ANNOTATIONS
Cross references.
— For the Behavior Health Capital Funding Act,
see
9-7-1 NMSA 1978.
For the Public Education Department Act,
see
9-24-1 NMSA 1978.
For the School for the Deaf,
see
21-6-1 NMSA 1978.
Compiler's notes.
— Laws 2004, ch. 107, § 3 and Laws 2004, ch. 111, § 3 enacted identical new sections of law, both effective May 19, 2004. Both were compiled as 28-11C-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 12 - Indian Affairs (Repealed.) › Section 28-12-1 to 28-12-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1996, ch. 25, § 4 repealed 28-12-1 to 28-12-3 NMSA 1978, as enacted by Laws 1939, ch. 42, § 1, and Laws 1967, ch. 299, §§ 1 and 2, relating to the intertribal Indian ceremonial association, effective July 1, 1996. For provisions of former sections,
see
the 1995 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
9-15A-7.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 12 - Indian Affairs (Repealed.) › Section 28-12-4 to 28-12-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2004, ch. 18, § 18 and Laws 2004, ch. 24, § 18 repealed 28-12-4 to 28-12-9 NMSA 1978, effective May 19, 2004. For provisions of former sections,
see
the 2003 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 13 - Veterans' Services (Repealed, Recompiled.) › Section 28-13-1 to 28-13-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2004, ch. 19, § 33 repealed 28-13-1 to 28-13-14 NMSA 1978, effective May 19, 2004. For provisions of former sections,
see
the 2003 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 13 - Veterans' Services (Repealed, Recompiled.) › Section 28-13-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 317, § 12, repealed 28-13-15 NMSA 1978, relating to the exemption of the responsibilities of the veterans' service committee from the authority of the secretary of the human services department, effective July 1, 1979.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 13 - Veterans' Services (Repealed, Recompiled.) › Section 28-13-16 - Recompiled.

History:
Laws 1921, ch. 61, § 1; C.S. 1929, § 122-401; Laws 1941, ch. 103, § 1; 1941 Comp., § 66-1501; 1953 Comp., § 74-2-1; Laws 1987, ch. 217, § 1; 1978 Comp., § 28-13-16, recompiled as § 14-8-17 by Laws 2004, ch. 19, § 31.
ANNOTATIONS
Recompilations.
— Laws 2004, ch. 19, § 31 recompiled former 28-13-16 NMSA 1978 as 14-8-17 NMSA 1978, effective May 19, 2004.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 13A - Veterans' Special Recreation and Museum Privileges › Section 28-13A-1 - Special recreation and museum privileges.

A. On the federally designated legal holiday known as "Veterans' Day", any New Mexico resident, who provides satisfactory proof that the resident is currently serving or has served in the armed forces of the United States, and the resident's spouse and dependent children, shall be entitled to:
(1) free use of any state park or recreation area operated by the state parks division of the energy, minerals and natural resources department, including the waiving of all admittance, camping, permit or other user fees or charges; and
(2) free general admission to any state museum or historic site.
B. The governing boards of state museums and historic sites shall waive general museum and historic site admission fees for fifty percent or more disabled veterans residing in the state. Proof of disability satisfactory to the governing boards of the state museums and historic sites is required to obtain the privileges pursuant to this subsection.
History:
Laws 1991, ch. 93, § 1; 2007, ch. 13, § 2; 2013, ch. 67, § 6.
ANNOTATIONS
Cross references.
— For the Veterans' Services Department Act,
see
9-22-1 NMSA 1978.
For source and disbursement of state park and recreation revenues,
see
16-2-19 NMSA 1978.
For the establishment, location, and property of the museum of New Mexico,
see
18-3-1 NMSA 1978.
For the museum of space history division,
see
18-7-1 NMSA 1978.
For the Natural History and Science Museum Act,
see
18-3A-1 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, renamed state monuments as historic sites; and in Paragraph (2) of Subsection A and in Subsection B, deleted "monument" and added "historic sites" and after "museums and" added "historic sites".
The 2007 amendment,
effective July 1, 2007, in Subsection B, provided for the waiver of admission fees for fifty percent or more disabled veterans residing in New Mexico upon proof of disability and generally reorganized the contents of the section.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 14 - Aid to Children of Deceased Military and State Police Personnel › Section 28-14-1 - Use of funds for children of deceased New Mexico military personnel and state policemen.

A. The funds set aside under the provisions of Sections 28-14-1 through 28-14-4 NMSA 1978 shall be used for the sole purposes of providing for matricular fees, board and room rent and books and supplies for the use and benefit of the children, not under sixteen and not over twenty-six years of age, of:
(1) those persons who were residents of New Mexico at the time of entry into military service and who entered the military service of the United States during World War I or II, or during any action in which the military forces of the United States are engaged in armed conflict, and who were killed in action or died of other cause during the conflict or as a result of such military service;
(2) deceased members of the New Mexico national guard who were killed while on active duty in the service of the state after having been called to active duty by the governor; and
(3) deceased members of the New Mexico state police who were killed while on active duty in the service of the state.
B. The benefits enumerated in Subsection A of this section shall further be restricted to children who are attending or who may attend a state educational or training institution of a secondary or college grade. Children shall be selected under the provisions of Section 28-14-3 NMSA 1978 and shall be admitted to state institutions of secondary or college grade free of tuition.
History:
1941 Comp., § 66-1701, enacted by Laws 1949, ch. 170, § 1; 1953, ch. 31, § 1; 1953 Comp., § 74-4-1; Laws 1955, ch. 216, § 1; 1971, ch. 83, § 3; 1973, ch. 203, § 1; 1975, ch. 29, § 1; 1975, ch. 89, § 1.
ANNOTATIONS
Generally.
— A child may be granted a scholarship or other aid covering periods of more than one year. Further, there is no objection to granting these benefits to two or more children of the same deceased veteran. The only basis for determining who shall receive the benefits is "need and merit" as determined by the state board of education. 1955 Op. Att'y Gen. No. 55-6287.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6 C.J.S. Armed Services § 113.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 14 - Aid to Children of Deceased Military and State Police Personnel › Section 28-14-2 - Amounts payable to institutions; eligibility.

The amounts due to any educational or training institution pursuant to Chapter 28, Article 14 NMSA 1978 shall be payable to those institutions on vouchers signed by the secretary of veterans' services or the secretary's authorized representative. The veterans' services department shall determine the eligibility of children making application for the benefits provided in Chapter 28, Article 14 NMSA 1978 and shall satisfy itself of the attendance of the children and of the accuracy of charges submitted to the department. No staff of the department shall receive any compensation for this service except as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1941 Comp., § 66-1702, enacted by Laws 1949, ch. 170, § 2; 1953 Comp., § 74-4-2; Laws 1975, ch. 29, § 2; 2004, ch. 19, § 26.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, added "Chapter 28, Article 14 NMSA 1978" in two places and changed "director of veterans' affairs" to "secretary of veterans' services".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 14 - Aid to Children of Deceased Military and State Police Personnel › Section 28-14-3 - Selection by veterans' services department.

Children who are to receive the educational benefits provided under Section 28-14-1 NMSA 1978 shall be selected by the veterans' services department on the basis of need and merit. Nominations shall be made by:
A. the department, for children of deceased veterans;
B. the adjutant general, for children of deceased national guard of New Mexico members; and
C. the New Mexico state police board, for children of deceased New Mexico state police members.
History:
1941 Comp., § 66-1703, enacted by Laws 1949, ch. 170, § 3; 1953 Comp., § 74-4-3; Laws 1973, ch. 203, § 2; 1975, ch. 29, § 3; 1975, ch. 89, § 2; 2004, ch. 19, § 27.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed "veterans' service commission" to "veterans' services department".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 14 - Aid to Children of Deceased Military and State Police Personnel › Section 28-14-4 - Maximum payments.

Not more than three hundred dollars ($300) shall be paid, in addition to the free tuition, for any child for one year.
History:
1941 Comp., § 66-1704, enacted by Laws 1949, ch. 170, § 4; 1953 Comp., § 74-4-4; Laws 1975, ch. 29, § 4.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 15 - Reemployment of Persons in Armed Forces › Section 28-15-2 - [Status on reinstatement; restriction on discharge.]

Any person who is restored to a position in accordance with the provisions hereof shall be considered as having been on furlough or leave of absence during his services in the armed forces of the United States, and shall be restored without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person entered the armed forces of the United States, and shall not be discharged from such position without cause within one year after such restoration.
History:
Laws 1941, ch. 10, § 2; 1941 Comp., § 57-702; 1953 Comp., § 74-5-2.
ANNOTATIONS
Salary increases and benefits.
— When a veteran returns to his former position, he is entitled to proportionate salary increases and other benefits, if any, to which other employees who continued in service have become entitled. 1946 Op. Att'y Gen. No. 46-4815, 1946 Op. Att'y Gen. No. 46-4832.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 15 - Reemployment of Persons in Armed Forces › Section 28-15-3 - [Enforcement in district court; procedure.]

In case any person acting either in a public or private capacity fails or refuses to comply with the provisions hereof the district court of the district in which such person maintains a place of business (if such person is a private employer), or in which such person is a public official, shall have power, upon the filing of a motion, petition or other appropriate pleading by the person entitled to the benefits of such provisions, to specifically require such employer or public officials to comply with such provisions, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reasons of such employer's or official's unlawful action. The court shall order a speedy hearing in any such case, and shall advance it on the calendar. Upon application to the district attorney for the pertinent district by any person claiming to be entitled to the benefits of such provisions, such district attorney, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition or other appropriate pleading and the prosecution thereof to specifically require the compliance with such provisions: provided, that no fees or court costs shall be taxed against the person so applying for such benefits.
History:
Laws 1941, ch. 10, § 3; 1941 Comp., § 57-703; 1953 Comp., § 74-5-3.
ANNOTATIONS
Bringing suit to restore position.
— Only the returning veteran or the district attorney of the appropriate district can bring an action to have the veteran restored to his prior position if employment is refused. 1969 Op. Att'y Gen. No. 69-108.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Applicability of doctrine of laches to bar veterans' re-employment claims where there is delay by government officials and agencies in rendering veterans' re-employment aid pursuant to 38 USCS § 2025, 53 A.L.R. Fed. 451.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16 - Developmental Disabilities Community Services › Section 28-16-1 to 28-16-15.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 50, § 19 repealed 28-16-1 to 28-16-15.1 NMSA 1978, as enacted or amended by Laws 1984, ch. 100, §§ 1-4, §§ 6-8, and § 10, Laws 1989, ch. 70, § 1, Laws 1989, ch. 92, § 2, Laws 1989, ch. 195, §§ 1-4, Laws 1990, ch. 97, § 2, and Laws 1991, ch. 11, § 1, relating to developmental disabilities community services, effective June 18, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions,
see
28-16A-1 to 28-16A-18 NMSA 1978.
Compiler's notes.
— Laws 1990, ch. 97, § 3, as amended by Laws 1993, ch. 84, § 3, repealed 28-16-15.1 NMSA 1978, as enacted by Laws 1990, ch. 97, § 2, effective July 1, 1995. The delayed repeal was not given effect, due to the prior repeal of 28-16-15.1 NMSA by Laws 1993, ch. 50, § 19.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16 - Developmental Disabilities Community Services › Section 28-16-15.2 - Developmental disabilities council; additional duties.

The developmental disabilities council shall cooperate with the department of health and the human services department [health care authority department] to:
A. provide data to support an amendment to the developmental disabilities medicaid waiver program to increase the number of eligible persons served;
B. develop a contingency plan to describe the role and control the growth of intermediate care facilities for individuals with developmental or intellectual disabilities; and
C. develop flexibility in the system of prioritization for admission to allow persons to move within the service system to an appropriate level of service, including movement of residents of intermediate care facilities for individuals with developmental or intellectual disabilities to the developmental disabilities medicaid waiver program.
History:
Laws 1993, ch. 84, § 2; 2023, ch. 113, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2023 amendment,
effective June 16, 2023, updated terms relating to developmental and intellectual disabilities; in Subsections B and C, deleted "mentally retarded" and added "individuals with developmental or intellectual disabilities".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16 - Developmental Disabilities Community Services › Section 28-16-16 to 28-16-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 50, § 19 repealed 28-16-16 through 28-16-18 NMSA 1978, as enacted Laws 1989, ch. 92, §§ 3-5 and Laws 1990, ch. 97, § 2, relating to the developmental disabilities planning council, effective June 18, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions,
see
28-16A-1 to 28-16A-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-1 - Short title.

Chapter 28, Article 16A NMSA 1978 may be cited as the "Developmental Disabilities Act".
History:
Laws 1993, ch. 50, § 1; 2021, ch. 61, § 1.
ANNOTATIONS
Cross references.
— For the Children's Mental Health and Developmental Disabilities Act,
see
Chapter 32A, Article 6A NMSA 1978.
The 2021 amendment,
effective June 18, 2021, deleted "Section 1 through 18 of this act" and added "Chapter 28, Article 16A NMSA 1978".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-2 - Legislative authorization.

The Developmental Disabilities Act authorizes the department to plan, provide and coordinate support and services to persons with developmental disabilities.
History:
Laws 1993, ch. 50, § 2; 2021, ch. 61, § 2.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed a provision stating the purpose of the legislature in enacting the Developmental Disabilities Act; and deleted former Subsection A and former subsection designation "B".
Purpose of act.
— The Developmental Disabilities Act expresses a clear state policy in favor of integrating disabled students into communities. Although this act is directed at assisting individuals with developmental disabilities, such as autism or mental retardation, this important state policy applies with equal force to individuals with any form of disability or handicap.
Hill v. Community of Damien of Molokai
, 1996-NMSC-008, 121 N.M. 353, 911 P.2d 861.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-6 - Eligibility.

A. For purposes of eligibility for support and services, "developmental disability" means a severe chronic disability of a person, which disability:
(1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and physical impairments;
(2) is manifested before the person reaches the age of twenty-two years;
(3) is expected to continue indefinitely;
(4) results in substantial functional limitations in three or more of the following areas of major life activity:
(a) self-care;
(b) receptive and expressive language;
(c) learning;
(d) mobility;
(e) self-direction;
(f) capacity for independent living; and
(g) economic self-sufficiency; and
(5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are of lifelong or extended duration and are individually planned and coordinated.
B. A child, from birth through two years of age, who is at risk for or who has a developmental delay as defined by rules of the early childhood education and care department is eligible for early intervention services.
C. A person who is eligible for developmental disability supports and services based on any previous definition of developmental disability used by the state and was receiving services on June 15, 1993 shall remain eligible for developmental disability supports and services. However, a child, from birth through age two, who is determined to be at risk for or who has a developmental delay shall be eligible for early intervention services only, unless the child meets the criteria set forth in Subsection A of this section.
History:
Laws 1993, ch. 50, § 6; 2021, ch. 61, § 6; 2022, ch. 30, § 8.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, clarified the early childhood education and care department's responsibilities with regard to infants, toddlers and children with developmental delays; and in Subsection B, after "by rules of the", added "early childhood education and care".
The 2021 amendment,
effective June 18, 2021, clarified certain language related to eligibility for support and services; in Subsection A, after "chronic disability of", deleted "a person that" and added "an individual, which disability"; in Subsection B, deleted "are children" and added "A child, from"; and in Subsection C, deleted "is a person" and added "An individual", after "who is eligible for", added "developmental disability supports and", and after "receiving services on", deleted "the effective date of the Developmental Disabilities Act" and added "June 15, 1993 shall remain eligible for developmental disability supports and services".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS § 12101-12213), 141 A.L.R. Fed. 603.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-9 - Information and referral system; coordination and continuation.

In order to coordinate information and referral services and eliminate the duplication of effort, the council shall provide information and referral services for persons with disabilities, their families, providers of support and services and local and state agencies, including:
A. the human services department [health care authority department];
B. the department of health;
C. the public education department and its vocational rehabilitation division;
D. the New Mexico school for the deaf;
E. the New Mexico school for the blind and visually impaired;
F. the Carrie Tingley crippled children's hospital;
G. the children, youth and families department; and
H. the early childhood education and care department.
History:
Laws 1993, ch. 50, § 9; 2021, ch. 61, § 9; 2022, ch. 30, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2022 amendment,
effective July 1, 2022, included the early childhood education and care department to the list of agencies for which the developmental disabilities council may provide information and referral services; and added Subsection H.
The 2021 amendment,
effective June 18, 2021, made technical amendments; deleted "developmental disabilities planning" preceding "council"; and in Subsection E, after "school for the", added "blind and", and after "visually", deleted "handicapped" and added "impaired.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-10 - Developmental disabilities council; staff.

The council shall employ an executive director, who is the administrative officer of the council. The executive director shall employ other necessary employees pursuant to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1993, ch. 50, § 10; 2021, ch. 61, § 10.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the renaming of the developmental disabilities planning council as the developmental disabilities council; in the section heading, after "disabilities", deleted "planning"; and after the first occurrence of "The", deleted "developmental disabilities planning".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-11 - Developmental disabilities council; reports.

The council shall submit reports on its preceding year's work to the governor and the interim legislative health and human services committee by November 1 of each year. The reports shall contain recommendations, if any, for legislation or other appropriate action.
History:
Laws 1993, ch. 50, § 11; 2021, ch. 61, § 11.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the renaming of the developmental disabilities planning council as the developmental disabilities council, and changed the date by when the council must submit reports on its preceding year's work; and after the first occurrence of "The", deleted "developmental disabilities planning", and after "human services committee by", changed "December" to "November".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-12 - Developmental disabilities council; compensation.

Council members shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. Reasonable accommodations shall be made available to permit full participation in council activities by its members, including personal assistance to members with developmental disabilities and respite care for members that are parents, immediate relatives or legal guardians of persons with developmental disabilities. Other than what is required in the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, council members shall receive no other compensation, perquisite or allowance for their service on the council.
History:
Laws 1993, ch. 50, § 12; 2021, ch. 61, § 12.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, made conforming changes due to the renaming of the developmental disabilities planning council as the developmental disabilities council, and included a provision allowing the council to be reimbursed as provided in the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000; in the section heading, after "disabilities", deleted "planning"; deleted "Developmental disabilities planning", after "Per Diem and Mileage Act", added "and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000", and added "Other than what is required in the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, council members shall receive", and after "allowance", deleted "shall be received" and added "for their service on the council".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-14 - Quality assurance system.

A. The department shall develop and maintain a quality assurance system to improve and enhance the quality of support and services for persons with developmental disabilities. The management information system portion of the quality assurance system shall track and maintain information concerning the characteristics of the persons served, support and services received and the length of time support and services are provided.
B. The program evaluation portion of the quality assurance system shall consist of a comprehensive collection of data from providers and analysis of measures of effectiveness, efficiency and consumer satisfaction.
C. The department shall adopt regulations that ensure compliance with recognized professional standards for support and services.
History:
Laws 1993, ch. 50, § 14.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-15 - Admission, transfer, withdrawal and discharge of persons receiving support and services purchased or provided by the department.

A. In cooperation with other state agencies, the department shall adopt requirements for admission, transfer, withdrawal and discharge of persons receiving support and services funded in whole or in part by state funds.
B. The department shall maintain a centralized registry of persons who are requesting or receiving support and services and a centralized referral system that promotes the delivery of support and services within the person's home community and reflects the person's informed selection and choice of a support or service provider. This centralized referral system shall determine eligibility based on a comprehensive assessment and shall prioritize individuals waiting to access publicly funded developmental disability support and services.
C. The centralized referral system shall maintain information regarding the needs of persons not receiving services and shall report the information annually to the legislature. The department shall have the authority to provide assessments and case management services to persons applying for and receiving publicly funded support and services necessary to implement the provisions of this section.
History:
Laws 1993, ch. 50, § 15.