reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-3 - Definitions.

As used in the Medicaid False Claims Act:
A. "claim" means a written or electronically submitted request for payment of health care services pursuant to the medicaid program;
B. "department" means the human services department [health care authority department];
C. "medicaid" means the federal-state program administered by the human services department [health care authority department] pursuant to Title 19 or Title 21 of the federal Social Security Act;
D. "medicaid recipient" means an individual on whose behalf a person claims or receives a payment from the medicaid program, regardless of whether the individual was eligible for the medicaid program; and
E. "qui tam" means an action brought under a statute that allows a private person to sue for a recovery, part of which the state will receive.
History:
Laws 2004, ch. 49, § 3.
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.
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-4 - False claims against the state; liability for certain acts.

A person commits an unlawful act and shall be liable to the state for three times the amount of damages that the state sustains as a result of the act if the person:
A. presents, or causes to be presented, to the state a claim for payment under the medicaid program knowing that such claim is false or fraudulent;
B. presents, or causes to be presented, to the state a claim for payment under the medicaid program knowing that the person receiving a medicaid benefit or payment is not authorized or is not eligible for a benefit under the medicaid program;
C. makes, uses or causes to be made or used a record or statement to obtain a false or fraudulent claim under the medicaid program paid for or approved by the state knowing such record or statement is false;
D. conspires to defraud the state by getting a claim allowed or paid under the medicaid program knowing that such claim is false or fraudulent;
E. makes, uses or causes to be made or used a record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the state, relative to the medicaid program, knowing that such record or statement is false;
F. knowingly applies for and receives a benefit or payment on behalf of another person, except pursuant to a lawful assignment of benefits, under the medicaid program and converts that benefit or payment to his own personal use;
G. knowingly makes a false statement or misrepresentation of material fact concerning the conditions or operation of a health care facility in order that the facility may qualify for certification or recertification required by the medicaid program; or
H. knowingly makes a claim under the medicaid program for a service or product that was not provided.
History:
Laws 2004, ch. 49, § 4.
ANNOTATIONS
Cross references.
— For the Medicaid Fraud Act,
see
Chapter 30, Article 44 NMSA 1978.
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-5 - Documentary material in possession of state agency.

A. The department shall have access to all documentary materials of persons and medicaid recipients to which a state agency has access. Documentary material provided pursuant to this subsection is provided to allow investigation of an alleged unlawful act or for use or potential use in an administrative or judicial proceeding.
B. Except for disclosure to any person under investigation or who is the subject of allegations made pursuant to the Medicaid False Claim Act [27-14-1 NMSA 1978] or as ordered by a court for good cause shown, the department shall not produce for inspection or copying or otherwise disclose the contents of documentary material obtained pursuant to this section to a person other than:
(1) an authorized employee of the attorney general;
(2) an agency of this state, the United States or another state;
(3) a district attorney, city attorney or county attorney of this state;
(4) the United States attorney general; or
(5) a state or federal grand jury.
History:
Laws 2004, ch. 49, § 5.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-6 - Immunity.

Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material pursuant to the Medicaid False Claims Act [27-14-1 NMSA 1978] to a person identified in Subsection B of Section 5 of that act.
History:
Laws 2004, ch. 49, § 6.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-8 - Rights of the parties to qui tam actions.

A. If the department proceeds with the action, it shall have the exclusive responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action. The person bringing the action shall have the right to continue as a nominal party to the action and shall not have the right to participate in the litigation except as a witness.
B. The department may dismiss the action, pursuant to Subsection F of Section 7 of the Medicaid False Claims Act [27-14-7 NMSA 1978], notwithstanding the objections of the person bringing the action if the person has been notified by the department of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
C. The department may settle the action with the defendant, pursuant to Subsection F of Section 7 of the Medicaid False Claims Act, notwithstanding the objections of the person bringing the action if the court determines, after the hearing, that the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
D. If the state elects not to proceed with the action, the person bringing the action shall have the right to conduct the action. If the department requests, it shall be served with copies of the pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the department's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person bringing the action, may allow the department to intervene at a later date upon a showing of good cause.
E. Whether or not the department proceeds with the action, upon a showing by the department that certain actions of discovery by the person bringing the action would interfere with the department's investigation or prosecution of a civil matter arising out of the same facts, the court may stay such discovery for a period not to exceed sixty days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the department has pursued the civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing civil investigation or proceedings.
History:
Laws 2004, ch. 49, § 8.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-10 - Certain actions barred.

A. A court shall not have jurisdiction of an action brought pursuant to the Medicaid False Claims Act against a department official if the action is substantially based on evidence or information known to the department when the action was brought.
B. A person shall not bring an action pursuant to the Medicaid False Claims Act that is substantially based upon allegations or transactions that are the subject of a civil suit or an administrative proceeding in which the department is already a party.
C. A court shall not have jurisdiction over an action pursuant to the Medicaid False Claims Act substantially based upon the public disclosure of allegations or actions in a criminal, civil or administrative hearing or from the news media, unless the action is brought by the department or the person bringing the action is an original source of the information. For the purposes of this subsection, "original source" means the person bringing suit that has independent knowledge, including knowledge based on the person's own investigation of the defendant's conduct, of the information on which the allegations are based and has voluntarily provided or verified the information on which the allegations are based or has voluntarily provided the information to the department before filing an action pursuant to this section that is based on the information.
History:
Laws 2004, ch. 49, § 10.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-11 - Department not liable for certain expenses.

The department shall not be liable for expenses that a person incurs in bringing an action pursuant to the Medicaid False Claims Act.
History:
Laws 2004, ch. 49, § 11.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-12 - Employee protection.

Any employee who is discharged, demoted, suspended, threatened, harassed or otherwise discriminated against in the terms and conditions of employment by the employer because of lawful acts done by the employee on behalf of the employee or others in disclosing information to the department or in furthering a false claims action pursuant to the Medicaid False Claims Act, including investigation for, initiation of, testimony for or assistance in an action filed or to be filed pursuant to that act, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status that the employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. An employee may bring an action in the appropriate court of the state for the relief provided in this subsection.
History:
Laws 2004, ch. 49, § 12.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-13 - False claims and reporting procedure.

A. A civil action shall be brought within the limitations set forth in Section 37-1-4 NMSA 1978.
B. In any action brought pursuant to the Medicaid False Claims Act, the department or the person bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
C. Notwithstanding any other provision of law, a final judgment rendered in favor of the department in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall preclude the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to the Medicaid False Claims Act.
History:
Laws 2004, ch. 49, § 13.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-14 - Application of other law.

The application of a civil remedy pursuant to this law does not preclude the application of other laws, statutes or regulatory remedy, except that a person may not be liable for a civil remedy pursuant to the Medicaid False Claims Act and civil damages or recovery pursuant to the Medicaid Fraud Act [30-44-1 NMSA 1978] if the civil remedy and the civil damages or recoveries are assessed for the same conduct by another government agency.
History:
Laws 2004, ch. 49, § 14.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 14 - Medicaid False Claims Act › Section 27-14-15 - Use of funds.

A. Damages collected pursuant to the Medicaid False Claims Act on behalf of the state shall be remitted to the state treasurer for deposit in the general fund to be used for the state's medicaid program.
B. Penalties, legal fees or costs of investigation recovered pursuant to the Medicaid False Claims Act on behalf of the state shall be remitted to the state treasurer for deposit in the general fund to be used for the state's medicaid program.
C. Pursuant to Subsection C of Section 30-44-8 NMSA 1978, penalties recovered pursuant to the Medicaid False Claims Act on behalf of the state may be claimed by the attorney general pursuant to procedures established by the department and the attorney general.
History:
Laws 2004, ch. 49, § 15.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 15 - Money Follows the Person in New Mexico › Section 27-15-1 - Short title.

This act [27-15-1 to 27-15-5 NMSA 1978] may be cited as the "Money Follows the Person in New Mexico Act".
History:
Laws 2006, ch. 112, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 15 - Money Follows the Person in New Mexico › Section 27-15-2 - Definition.

As used in the Money Follows the Person in New Mexico Act, "department" means the aging and long-term services department [9-23-4 NMSA 1978].
History:
Laws 2006, ch. 112, § 2.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 15 - Money Follows the Person in New Mexico › Section 27-15-3 - Community-based living; choice of options.

An elderly or disabled individual who is identified and assessed as eligible for community-based living shall be allowed to choose, from among all service options available, the type of service that best meets that individual's needs. The individual's medical assistance funds shall be made available for the individual for the service option the individual selects, not to exceed the cost of the service. The department shall apply for federal approval as necessary, and upon federal approval, implement this section under existing or future federal legislation.
History:
Laws 2006, ch. 112, § 3.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 15 - Money Follows the Person in New Mexico › Section 27-15-4 - Information.

The department shall identify and provide adequate information to a medicaid-eligible individual residing in a nursing home and, if appropriate, the individual's representative, of the opportunity for the individual to receive community-based services and support pursuant to the Money Follows the Person in New Mexico Act.
History:
Laws 2006, ch. 112, § 4.
ANNOTATIONS
Cross references.
— For medicaid assistance programs,
see
27-2-12.2 to 27-2-12.12 NMSA 1978.
Effective dates.
— Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 15 - Money Follows the Person in New Mexico › Section 27-15-5 - Quality improvement.

The department shall develop and implement a quality improvement system of performance indicators and outcome measures to evaluate the level and effectiveness of participation of individuals who are eligible for community-based services and to ensure that the services and support that an individual receives pursuant to the Money Follows the Person in New Mexico Act are adequate.
History:
Laws 2006, ch. 112, § 5.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-3 - Human rights commission.

A. There is created the "human rights commission" consisting of eleven members appointed by the governor with the advice and consent of the senate. Not more than six of the members shall be of the same political party. Not more than one member may be appointed from any one county. The governor shall designate a member to serve as chairman. The commission shall designate one of its members as vice chairman to preside in the absence or incapacity of the chairman.
B. The term of office of each member of the commission is for four years; however, of the commissioners first appointed, one shall be appointed for a term ending December 31, 1969, one for a term ending December 31, 1970, one for a term ending December 31, 1971 and two for terms ending December 31, 1972; provided, the two additional members added pursuant to this 1975 amendment shall be initially appointed for staggered terms of two and three years respectively so that one term ends on December 31, 1977 and one ends on December 31, 1978. The four additional commissioners added pursuant to this 1991 amendment shall be appointed for staggered terms; two shall be appointed for terms ending December 31, 1992; and two shall be appointed for terms ending December 31, 1993.
C. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term. Six members of the commission constitute a quorum to conduct business. Vacancies on the commission shall not impair the right of the remaining members to exercise the powers of the commission.
D. Each member of the commission shall be reimbursed, as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], during the performance of official duties and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 4-33-3, enacted by Laws 1969, ch. 196, § 3; 1975, ch. 124, § 1; 1987, ch. 342, § 17; 1991, ch. 104, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, in Subsection A, substituted "eleven members" for "seven members" in the first sentence and "six of the members" for "four of the members" in the second sentence; added the second sentence in Subsection B; and, in Subsection C, substituted "the remainder of the unexpired term" for "the unexpired term of the member whom he is to succeed" at the end of the first sentence and "Six members" for "Four members" at the beginning of the second sentence.
Law reviews.
— For article, "Age Discrimination in Employment: A Comparison of the Federal and State Laws and Remedies in New Mexico," see 7 N.M. L. Rev. 51 (1976-77).
For article, "Selecting an Analogous State Limitations Statute in Reconstruction Civil Rights Claims: The Tenth Circuit's Resolution," see 15 N.M.L. Rev. 11 (1985).
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-5 - Procedures for adopting regulations.

A. The secretary may adopt, promulgate, amend and repeal rules and regulations to carry out the provisions of the Human Rights Act.
B. No rule or regulation of general application may be adopted, amended or repealed without a public hearing before the secretary or his designee.
C. The public hearing shall be in Santa Fe, and notice of the subject, time and place of the meeting, the manner in which interested persons may present their views and the method by which copies of the proposed rule, regulation or amendment may be obtained shall be:
(1) published in each county at least thirty days prior to the hearing date in a newspaper of general circulation; and
(2) mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of the hearing.
D. The secretary shall allow all interested persons a reasonable opportunity to submit arguments and to examine witnesses testifying at the hearing.
E. The secretary may designate a hearing officer to take evidence at the hearing.
F. Any person appearing or represented at the hearing shall be given written notice of the secretary's action on the proposed rule, regulation, amendment or repeal.
G. No rule, regulation, amendment or repeal shall become effective until thirty days after its filing.
History:
1953 Comp., § 4-33-5, enacted by Laws 1969, ch. 196, § 5; 1987, ch. 342, § 19.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-6 - Validity of regulation; judicial review.

A. Any person who is or may be affected by a regulation adopted by the secretary may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation.
B. The procedure for perfecting an appeal to the court of appeals under this section consists of the timely filing of a notice of appeal with a copy of the regulation from which the appeal is taken. The appellant shall certify in his notice of appeal that arrangements have been made with the secretary for preparation of a sufficient number of transcripts of the record of the hearing on which the appeal depends to support his appeal to the court, at the expense of the appellant, including three copies which he shall furnish to the secretary.
C. Upon appeal, the court of appeals shall set aside the regulation only if found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by a preponderance of evidence in the record; or
(3) otherwise not in accordance with law.
History:
1953 Comp., § 4-33-6, enacted by Laws 1969, ch. 196, § 6; 1987, ch. 342, § 20.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-7.1 - Prohibiting discrimination against seniors in certain volunteer service.

The state or a political subdivision of the state shall not exclude a person older than sixty years of age from volunteer service as long as the person is physically, mentally and professionally capable of performing the services involved. For the purposes of this section, "professionally capable" means having the ability to demonstrate reasonable proficiency and having any relevant certification in accordance with the laws, rules or technical standards that may govern the particular profession.
History:
Laws 2003, ch. 231, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 231, § 2 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-7.2 - Quotas prohibited.

A person, employer, employment agency or organization shall not use the provisions of the Human Rights Act to adopt or implement a quota on the basis of sexual orientation or gender identity.
History:
Laws 2003, ch. 383, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 383, § 5 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 241, § 6, repealed 28-1-8 NMSA 1978, as enacted by Laws 1973, ch. 155, § 3, relating to certification of preexisting disability, effective June 17, 1983.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-12 - Enforcement.

If a respondent to a complaint filed pursuant to the Human Rights Act is not complying with an order of the commission, the attorney general or district attorney, at the request of the secretary, shall secure enforcement of the commission's order by a district court. The proceeding shall be initiated by the filing of a petition in the district court where the respondent is doing business or the alleged discriminatory practice occurred. A copy of the petition shall be served on the respondent personally or by registered mail, return receipt requested. The court may make and enter upon the proceedings an order to decree enforcement of the order of the commission.
History:
1953 Comp., § 4-33-11, enacted by Laws 1969, ch. 196, § 11; 1987, ch. 342, § 23.
ANNOTATIONS
Subject matter jurisdiction could not be raised in enforcement action.
— Where the human rights commission's complaint was heard more than fifteen days following service of the complaint; at the hearing on the complaint, respondent argued that the commission had lost subject matter jurisdiction to hear the complaint because the hearing had not occurred within the required time; and respondent did not appeal the commission's adverse judgment, respondent could not challenge the subject matter jurisdiction of the commission in an action filed by the attorney general to enforce the commission's judgment.
N.M. Human Rights Comm'n v. Accurate Machine & Tool Co., Inc.
, 2010-NMCA-107, 149 N.M. 119, 245 P.3d 63, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Pursuit of nonjudicial remedy for employment discrimination as amounting to election against judicial remedy, 103 A.L.R.5th 557.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-14 - Posting of law and information.

Every person who is subject to the Human Rights Act, except an individual selling houses, shall keep posted in a conspicuous place on his premises notices prepared by the division which shall set forth excerpts of the Human Rights Act and other relevant information as determined by the secretary.
History:
1953 Comp., § 4-33-13, enacted by Laws 1969, ch. 196, § 13; 1987, ch. 342, § 25.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 1 - Human Rights › Section 28-1-15 - Repealed.

History:
Laws 1987, ch. 333, § 1; 1993, ch. 268, § 3; 2000, ch. 4, § 2; repealed Laws 2005, ch. 208, § 27.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 208, § 27 repealed 28-1-15 NMSA 1978, as enacted by Laws 1987, ch. 333, § 1, relating to termination of the Human Rights Act, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on NMOneSource.com.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 2 - Criminal Offender Employment Act › Section 28-2-1 - Short title.

Chapter 28, Article 2 NMSA 1978 may be cited as the "Criminal Offender Employment Act".
History:
1953 Comp., § 41-24-1, enacted by Laws 1974, ch. 78, § 1; 2019, ch. 176, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, changed "Sections 1 through 6 of this act" to "Chapter 28, Article 2 NMSA 1978".
Law reviews.
— For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 2 - Criminal Offender Employment Act › Section 28-2-2 - Purpose of act.

The legislature finds that the public is best protected when criminal offenders or ex-convicts are given the opportunity to secure employment or to engage in a lawful trade, occupation or profession and that barriers to such employment should be removed to make rehabilitation feasible.
History:
1953 Comp., § 41-24-2, enacted by Laws 1974, ch. 78, § 2.
ANNOTATIONS
Law reviews.
— For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 2 - Criminal Offender Employment Act › Section 28-2-3 - Employment eligibility determination.

A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978, in determining eligibility for employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the board or other department or agency having jurisdiction may take into consideration a conviction, but the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession. A board, department or agency of the state or any of its political subdivisions shall not make an inquiry regarding a conviction on an initial application for employment and shall only take into consideration a conviction after the applicant has been selected as a finalist for the position.
B. The following criminal records shall not be used, distributed or disseminated in connection with an application for any public employment, license or other authority:
(1) records of arrest not followed by a valid conviction;
(2) convictions that have been sealed, dismissed, expunged or pardoned;
(3) juvenile adjudications; or
(4) convictions for a crime that is not job-related for the position in question and consistent with business necessity.
History:
1953 Comp., § 41-24-3, enacted by Laws 1974, ch. 78, § 3; 2010, ch. 76, § 1; 2021 (1st S.S.), ch. 3, § 1.
ANNOTATIONS
Cross references.
— For persons convicted of felonious or infamous crime ineligible for public office unless pardoned or restored to political rights,
see
10-1-2 NMSA 1978.
The 2021 (1st S.S.) amendment,
effective June 29, 2021, revised the list of criminal records that cannot be considered in an application for public employment, licensure or other authority to engage in any regulated trade, business or profession; and in Subsection B, Paragraph B(2), deleted "misdemeanor", and after "convictions", deleted "not involving moral turpitude" and added "that have been sealed, dismissed, expunged or pardoned", and added Paragraphs B(3) and B(4).
The 2010 amendment,
effective May 19, 2010, in Subsection A, after "Sections", deleted "3 and 4 of the Criminal Offender Employment Act" and added "28-2-4 and 28-2-5 NMSA 1978"; and added the last sentence.
State board of education subject to article.
— The state board of education is subject to the provisions of Criminal Offender Employment Act (COEA), because it is an agency which determines eligibility for employment with the state.
Bertrand v. N.M. State Bd. of Educ.
, 1975-NMCA-145, 88 N.M. 611, 544 P.2d 1176, cert. denied, 89 N.M. 5, 546 P.2d 70 (1976).
Testimony concerning indictment.
— Because an agency has wide discretion in receiving and excluding evidence in proceedings under the Uniform Licensing Act, any error in allowing reference to an indictment against a dentist was harmless.
Weiss v. N.M. Bd. of Dentistry
, 1990-NMSC-077, 110 N.M. 574, 798 P.2d 175.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 2 - Criminal Offender Employment Act › Section 28-2-3.1 - Employment eligibility determination; private employers.

A. If a private employer uses a written or electronic employment application, the employer shall not make an inquiry regarding an applicant's history of arrest or conviction on the employment application but may take into consideration an applicant's conviction after review of the applicant's application and upon discussion of employment with the applicant. Nothing in this section shall prohibit an employer from notifying the public or an applicant that the law or the employer's policy could disqualify an applicant who has a certain criminal history from employment in particular positions with that employer.
B. An applicant who claims to be aggrieved by a violation of Subsection A of this section may seek relief under the Human Rights Act pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978.
History:
Laws 2019, ch. 176, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 176 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 2 - Criminal Offender Employment Act › Section 28-2-5 - Nonapplicability to law enforcement agencies.

The Criminal Offender Employment Act is not applicable to any law enforcement agency; however, nothing herein shall be construed to preclude a law enforcement agency in its discretion from adopting the policy set forth herein.
History:
1953 Comp., § 41-24-5, enacted by Laws 1974, ch. 78, § 5.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 2 - Criminal Offender Employment Act › Section 28-2-6 - Applicability.

The provisions of the Criminal Offender Employment Act relating to any board or other agency which has jurisdiction over the practice of any trade, business or profession apply to authorities made subject to its coverage by law, or by any such authorities' rules or regulations if permitted by law.
History:
1953 Comp., § 41-24-6, enacted by Laws 1974, ch. 78, § 6.
ANNOTATIONS
Suspension or revocation of real estate license.
— The provisions of the Criminal Offender Employment Act must be followed by the real estate commission in any action by the commission to suspend or revoke a broker's or salesperson's license because of a conviction of a felony or misdemeanor involving moral turpitude. 1982 Op. Att'y Gen. No. 82-02.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-1 - Commission on the status of women; creation.

A. The "commission on the status of women" is created. The commission consists of fifteen members, including one member of the human rights commission, representative of all fields of interest to women. Members shall be appointed by the governor. Members of the first commission shall be appointed for staggered terms, five ending on December 31, 1975 and five on December 31 of each of the following two years. Thereafter, appointments shall be for terms of three years or less made in such manner that the terms of five members expire on December 31 of each year. At least one member shall be appointed from, and reside in, each planning and development district. A majority of the members appointed shall be women and no more than eight members shall belong to any one political party.
B. A majority of the commission's members constitutes a quorum for the transaction of business. The governor shall designate a chairman and vice-chairman from among the membership.
History:
1953 Comp., § 4-33A-1, enacted by Laws 1974, ch. 90, § 1.
ANNOTATIONS
Cross references.
— For Human Rights Act,
see
Chapter 28, Article 1 NMSA 1978.
For discrimination on basis of sex prohibited,
see
N.M. Const., art. II, § 18.
Compiler's notes.
— Pursuant to Laws 1977, ch. 252, § 9, the commission on the status of women is administratively attached to the human services department [health care authority department].
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-2 - Commission on the status of women; duties.

The commission shall:
A. stimulate and encourage throughout the state the study and review of the status of women in New Mexico and may act as a clearinghouse for all activities involving the status of women;
B. recommend methods of overcoming discrimination against women in public and private employment;
C. promote methods for enabling women to develop their skills, continue their education and be retrained;
D. cooperate with and assist public and private entities dealing with women;
E. conduct periodic conferences throughout the state to apprise women of their rights and opportunities and to learn from them of their needs and problems; and
F. secure recognition of women's accomplishments and contributions to New Mexico.
History:
1953 Comp., § 4-33A-2, enacted by Laws 1974, ch. 90, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Application of state law to sex discrimination in employment, 87 A.L.R.3d 93.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-3 - Commission on the status of women; powers.

The commission:
A. may receive on behalf of the state any gifts, donations or bequests from any source to be used in carrying out its duties; and
B. is designated as the state agency for handling all United States government programs related to the status of women except those designated by law as the responsibility of another state agency, and may enter into agreements and contracts with agencies of the United States government for this purpose.
History:
1953 Comp., § 4-33A-3, enacted by Laws 1974, ch. 90, § 3.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-4 - Commission on the status of women; staff.

The commission shall appoint a director, who is the administrative officer of the commission. The director shall employ other necessary employees under the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1953 Comp., § 4-33A-4, enacted by Laws 1974, ch. 90, § 4.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-5 - Commission on the status of women; reports.

The commission shall submit reports on its preceding year's work to the governor and the legislature by December 1 of each year. The reports shall contain recommendations, if any, for legislation or other appropriate action.
History:
1953 Comp., § 4-33A-5, enacted by Laws 1974, ch. 90, § 5.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-6 - Commission on the status of women; compensation.

Commission members shall be reimbursed as provided for nonsalaried public officers 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.
History:
1953 Comp., § 4-33A-6, enacted by Laws 1974, ch. 90, § 6.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-6.1 - Office of the governor's council on women's health created.

A. The "office of the governor's council on women's health" is created and is administratively attached to the commission on the status of women.
B. The office of the governor's council on women's health shall:
(1) serve as a clearinghouse for education and information on women's health;
(2) recommend performance measures and outcomes specific to women's health;
(3) report annually by September 1 to the governor on women's health policy issues;
(4) assist in developing policy to improve women's health and well-being, including policies that explain and explore the links between women's health and economic security; and
(5) assist state agencies, including the department of health, to improve access to health care for women.
C. The governor shall appoint the director of the office of the governor's council on women's health, who shall serve at the pleasure of the governor.
D. The governor shall appoint advisors to the office of the governor's council on women's health to represent the geographic diversity of the state as follows:
(1) one representative from each of the following:
(a) the commission on the status of women;
(b) the department of health;
(c) the New Mexico health policy commission;
(d) the children, youth and families department;
(e) the human services department [health care authority department];
(f) the Indian affairs department;
(g) the veterans' services department; and
(h) the office on African American affairs;
(2) one representative of providers of women's health services;
(3) two representatives from rural counties; and
(4) four representatives of advocacy, community or consumer groups.
E. Advisors to the office of the governor's council on women's health shall serve at the pleasure of the governor, shall meet at least four times per year and shall serve for two-year terms.
F. For purposes of conducting business, a majority of the advisors to the office of the governor's council on women's health shall constitute a quorum.
G. The advisors to the office of the governor's council on women's health may organize statewide meetings and focus groups to involve members of the public further in improving women's health and to identify emerging issues around women's health care delivery and services.
History:
Laws 2009, ch. 83, § 1.
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.
Effective dates.
— Laws 2009, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-7 - Short title.

This act [28-3-7 to 28-3-11 NMSA 1978] may be cited as the "Displaced Homemakers Act".
History:
1953 Comp., § 4-33A-7, enacted by Laws 1977, ch. 292, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Who, other than specifically excluded persons, is "employee" under § 4(a)(1) of Age Discrimination in Employment Act of 1967 (29 USC § 623(a)(1)), 125 A.L.R. Fed. 273.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-8 - Findings and purpose of act.

The legislature finds that there is an increasing number of persons in New Mexico who, in their middle years and having fulfilled the role of homemaker, find themselves displaced because of dissolution of marriage, death of a spouse or other loss of family income. As a consequence of this displacement such persons suffer a greatly reduced income, high rate of unemployment because of age, lack of work experience, discrimination and limited or no opportunity to collect funds of assistance such as social security, unemployment compensation, medicaid and other health insurance benefits or pension plans of the spouse. It is the purpose of this legislation to provide research and planning for programs to serve such displaced homemakers.
History:
1953 Comp., § 4-33A-8, enacted by Laws 1977, ch. 292, § 2.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-9 - Definitions.

As used in the Displaced Homemakers Act [28-3-7 to 28-3-11 NMSA 1978] :
A. "displaced homemaker" means any individual who has worked in the home for a substantial number of years providing unpaid household services for family members and who:
(1) has difficulty obtaining adequate employment; or
(2) has been dependent on the income of another family member but is no longer supported by such income, has been dependent on federal assistance but is no longer eligible for such assistance or is supported as the parent of minor children by federal assistance or spousal support; and
B. "income of another family member" means any income in support of an entire family unit used for the purpose of providing that family with economic security, but does not include the payment of alimony or child support.
History:
1953 Comp., § 4-33A-9, enacted by Laws 1977, ch. 292, § 3.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-10 - Office for displaced homemakers; creation; research and planning for displaced homemaker programs.

There is created in the commission on the status of women an "office for displaced homemakers." The office for displaced homemakers shall conduct research and planning for programs to meet the needs of displaced homemakers, which programs may include:
A. job counseling services specifically designed for a person entering the job market after a number of years as a homemaker;
B. job training and job placement services, including but not limited to:
(1) assistance in gaining admission to existing public and private job training programs and opportunities;
(2) development of training and placement programs for jobs in the private and public sectors, in conjunction with state and local government agencies, private employers and already existing training and placement programs; and
(3) identification of community needs and fundseeking for creation of new public service jobs which displaced homemakers might fill;
C. information and assistance with respect to health care, financial matters, education, nutrition and legal problems;
D. a clearinghouse of information to compile, coordinate and disseminate information about services and programs available to displaced homemakers;
E. training for service agency personnel who work with displaced homemakers; and
F. the development of methods and materials aimed at facilitating outreach and communication for displaced homemaker service agencies and programs.
History:
1953 Comp., § 4-33A-10, enacted by Laws 1977, ch. 292, § 4; 1978, ch. 126, § 1.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 3 - Commission on the Status of Women › Section 28-3-11 - Report and recommendations.

The director of the commission on the status of women, in conjunction with the office for displaced homemakers, shall submit to the legislature an annual report on the number of displaced homemakers served by existing public and private agencies and shall make recommendations for displaced homemaker programs which may include:
A. a plan for the establishment, funding and implementation of regional displaced homemaker service centers in New Mexico; and
B. recommendations for legislative action.
History:
1953 Comp., § 4-33A-11, enacted by Laws 1977, ch. 292, § 5; 1978, ch. 126, § 2.