reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-1 - Commission on aging [Aging and long-term services department]; duties.

The commission on aging [aging and long-term services department] shall establish and maintain a comprehensive statewide program designed to meet the social service needs of the state's aged population. Not by way of limitation, the commission [department] shall:
A. strengthen and coordinate services of state and local public bodies for the benefit of the aged;
B. promote the utilization of older persons in all phases of employment;
C. disseminate information to the aged relative to federal, state and local services for the aged;
D. encourage training programs, retraining programs and opportunities for older workers;
E. develop new methods of job placement for older workers;
F. promote public recognition of the advantages of hiring and retaining older workers; and
G. promote and develop programs of community resources and facilities designed to meet the social needs of older persons.
History:
1953 Comp., § 13-1-59, enacted by Laws 1969, ch. 55, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 2003, ch. 403, §§ 1 and 2, effective June 20, 2003, provided that the governor may, by executive order issued in 2003, make the following state agencies cabinet-level departments: (1) the state agency on aging may become the aging and long-term care department [aging and long-term services department]; (2) the office of cultural affairs may become the cultural affairs department; (3) the New Mexico office of Indian affairs may become the Indian affairs department; and (4) the New Mexico veterans' service commission may become the veterans' service department. Functions, personnel, appropriations, money, records, files, furniture equipment, and property of a specified agency would be transferred to the resulting departments.
Cross references.
— For provisions regarding the office of guardianship,
see
28-16B-1 NMSA 1978 et seq.
For elderly homeowners' maximum property tax liability and income tax credit or refund for excess,
see
7-2-18 NMSA 1978.
For definitions applicable to provisions of the first three sections of this article,
see
27-1-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-2 - Definitions.

The commission on aging shall mean the aging services bureau of the social services division of the human services department [health care authority department].
History:
1953 Comp., § 13-1-59.1, enacted by Laws 1977, ch. 252, § 17.
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.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-3 - Commission on aging [Aging and long-term services department]; powers.

The commission [department]:
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 programs of the federal government related to the aging, except those designated by law as the responsibility of another state agency, and may enter into agreements and contracts with agencies of the federal government for this purpose.
History:
1953 Comp., § 13-1-60, enacted by Laws 1969, ch. 55, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-4 - Agency created.

There is created as an entity of state government the "state agency on aging," ["aging and long-term services department"] which shall be administratively attached to the human services department [health care authority department]. The administrative head of the agency shall be the director, who shall be appointed by and serve at the pleasure of the governor.
History:
Laws 1979, ch. 203, § 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.
Laws 2004, ch. 23, § 13 provided that all references to the state agency on aging be deemed references to the aging and long-term services department.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-5 - Agency duties.

The state agency on aging [aging and long-term services department] shall establish and maintain a comprehensive statewide program designed to meet the social service needs of the state's aged population, including but not limited to the following:
A. strengthen and coordinate services of state and local public bodies for the benefit of the aged;
B. promote the utilization of older persons in all phases of employment;
C. disseminate information to the aged relative to federal, state and local services for the aged;
D. encourage training programs, retraining programs and opportunities for older workers;
E. develop new methods of job placement for older workers;
F. promote public recognition of the advantages of hiring and retaining older workers; and
G. promote and develop programs of community resources and facilities designed to meet the social needs of older persons.
History:
Laws 1979, ch. 203, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 23, § 13 provided that all references to the state agency on aging be deemed references to the aging and long-term services department.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-8 - Reports.

The state agency on aging [aging and long-term services department] shall 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. The reports shall contain recommendations on present and future needs of the aged.
History:
Laws 1979, ch. 203, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 23, § 13 provided that all references to the state agency on aging be deemed references to the aging and long-term services department.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 4 - Aging and Long-term Services › Section 28-4-9 - Advisory committee.

The governor shall appoint an eleven-member advisory committee to the state agency on aging [aging and long-term services department] in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. In establishing the committee, the governor shall take note of any federal requirements regarding membership and shall appoint members for staggered terms of four years. Members of the committee shall be reimbursed for services as provided for 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:
Laws 1979, ch. 203, § 6; 1989, ch. 249, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 23, § 13 provided that all references to the state agency on aging be deemed references to the aging and long-term services department.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 5 - Committee on Children and Youth (Repealed.) › Section 28-5-1 to 28-5-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 101, § 51 repealed 28-5-1 to 28-5-3 NMSA 1978 as enacted by Laws 1977, ch. 252, § 18 and Laws 1967, ch. 235, §§ 2 and 3, relating to the committee on children and youth, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 6 - Age of Majority › Section 28-6-2 to 28-6-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 206, § 4 repealed former 28-6-2 through 28-6-8 NMSA 1978, as enacted by Laws 1981, ch. 270, §§ 1 through 7, relating to the age of majority and the emancipation of minors, effective July 1, 1995. For provisions of former sections,
see
the 1994 NMSA 1978 on NMOneSource.com. For present comparable provisions,
see
32A-21-1 to 32A-21-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-1 - Short title.

This act [28-7-1 to 28-7-7 NMSA 1978] may be cited as the "White Cane Law".
History:
1953 Comp., § 12-13-1, enacted by Laws 1967, ch. 232, § 1; recompiled as 1953 Comp., § 12-26-1, by Laws 1972, ch. 51, § 9.
ANNOTATIONS
Cross references.
— For governor's commission on disability,
see
28-10-1 NMSA 1978 et seq.
For guide dogs for blind, penalty for refusing admittance, hearing ear aid dogs, exemption of guide dogs from municipal licensing,
see
Chapter 28, Article 11 and 77-1-15.1 NMSA 1978.
For voting assistance,
see
1-12-12 NMSA 1978 et seq.
For public employment, blind not barred from competitive examination,
see
10-9-14 NMSA 1978.
For school for visually handicapped,
see
21-5-1 NMSA 1978 et seq.
For vending stand program for the blind,
see
22-14-24 NMSA 1978 et seq.
For health insurance,
see
59A-22-33 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Accommodation requirement under state legislation forbidding job discrimination on account of handicap, 76 A.L.R.4th 310.
Handicap as job disqualification under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 265.
Damages and other relief under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 435.
Discrimination "because of handicap" or "on the basis of handicap" under state statutes prohibiting job discrimination on account of handicap, 81 A.L.R.4th 144.
What constitutes handicap under state legislation forbidding job discrimination on account of handicap, 82 A.L.R.4th 26.
Visual impairment as handicap or disability under state employment discrimination law, 77 A.L.R.5th 595.
Availability and scope of punitive damages under state employment discrimination law, 81 A.L.R.5th 367.
Remedies available under Americans with Disabilities Act (42 USCS § 12101 et seq.), 136 A.L.R. Fed. 63.
To what extent are federal entities subject to suit under § 504(a) of Rehabilitation Act (42 USCA § 794(a)), which prohibits any program or activity conducted by any executive agency or the postal service from discriminating on basis of disability, 146 A.L.R. Fed. 319.
What constitutes federal financial assistance for purposes of § 504 of Rehabilitation Act (29 USCA § 794), which prohibits any program or activity receiving federal financial assistance from discriminating on basis of disability, 147 A.L.R. Fed. 205.
Action under Americans with Disabilities Act (42 U.S.C.A. § 12101 et seq.), to remedy alleged harassment or hostile work environment, 162 A.L.R. Fed. 603.
What constitutes employment discrimination by public entity in violation of Americans with Disabilities Act (ADA), 42 U.S.C.A. § 12132, 164 A.L.R. Fed. 433.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-2 - Policy.

It is the policy of this state to encourage and enable persons who are blind, visually impaired or who have another physical disability to participate fully in the social and economic life of the state and to engage in remunerative employment.
History:
1953 Comp., § 12-13-2, enacted by Laws 1967, ch. 232, § 2; recompiled as 1953 Comp., § 12-26-2, by Laws 1972, ch. 51, § 9; 2007, ch. 46, § 24.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Accommodation requirement under state legislation forbidding job discrimination on account of handicap, 76 A.L.R.4th 310.
Handicap as job disqualification under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 265.
Damages and other relief under state legislation forbidding job discrimination on account of handicap, 78 A.L.R.4th 435.
Discrimination "because of handicap" or "on the basis of handicap" under state statutes prohibiting job discrimination on account of handicap, 81 A.L.R.4th 144.
What constitutes handicap under state legislation forbidding job discrimination on account of handicap, 82 A.L.R.4th 26.
Remedies available under Americans with Disabilities Act (42 USCS § 12101 et seq.), 136 A.L.R. Fed. 63.
To what extent are federal entities subject to suit under § 504(a) of Rehabilitation Act (42 USCA § 794(a)), which prohibits any program or activity conducted by any executive agency or the postal service from discriminating on basis of disability, 146 A.L.R. Fed. 319.
When is individual regarded as having or perceived to have, impairment within meaning of Americans with Disabilities Act (42 USCA § 12102(2)(c)), 148 A.L.R. Fed. 305.
Action under Americans with Disabilities Act (42 U.S.C.A. § 12101 et seq.), to remedy alleged harassment or hostile work environment, 162 A.L.R. Fed. 603.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-4 - Driver to take precautions approaching blind; liability for damage.

The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian; provided that a totally blind or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed herein, shall have all the rights and privileges conferred by law upon other persons, and the failure of a totally blind pedestrian to carry such a cane or to use a guide dog in any such places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence.
History:
1953 Comp., § 12-13-4, enacted by Laws 1967, ch. 232, § 4; recompiled as 1953 Comp., § 12-26-4, by Laws 1972, ch. 51, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Contributory negligence, in motor vehicle accident case, of pedestrian under physical disability, 83 A.L.R.2d 769.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-5 - Interference with rights of blind; penalty.

A person, firm or corporation or the agent of a person, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in Section 28-7-3 NMSA 1978 or otherwise interferes with the rights of a blind or visually impaired person or a person who has a physical disability enumerated in the White Cane Law [28-7-1 to 28-7-7 NMSA 1978] is guilty of a misdemeanor.
History:
1953 Comp., § 12-13-5, enacted by Laws 1967, ch. 232, § 5; recompiled as 1953 Comp., § 12-26-5, by Laws 1972, ch. 51, § 9; 2007, ch. 46, § 26.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-6 - Annual proclamation of white cane safety day by governor.

Each year, the governor shall take suitable public notice of October 15 as white cane safety day. The governor shall issue a proclamation in which the governor:
A. comments upon the significance of the white cane;
B. calls upon the citizens of the state to observe the provisions of the White Cane Law [28-7-1 to 28-7-7 NMSA 1978] and to take precautions necessary to the safety of persons with a disability;
C. reminds the citizens of the state of the policies with respect to persons with a disability declared in the White Cane Law and urges the citizens to cooperate in giving effect to them; and
D. emphasizes the need of the citizens to be aware of the presence of persons with a disability in the community and to keep streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort and other places to which the public is invited safe and functional and to offer assistance to persons with a disability upon appropriate occasions.
History:
1953 Comp., § 12-13-6, enacted by Laws 1967, ch. 232, § 6; recompiled as 1953 Comp., § 12-26-6, by Laws 1972, ch. 51, § 9; 2007, ch. 46, § 27.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-7 - Policy of state on employment of persons with a disability.

It is the policy of this state that a person who is blind, visually impaired or who has another physical disability shall be employed in the state service, the service of the political subdivisions of the state, the public schools and all other employment supported in whole or in part by public funds on the same terms and conditions as others, unless it is shown that the particular disability prevents the performance of the work involved.
History:
1953 Comp., § 12-13-7, enacted by Laws 1967, ch. 232, § 7; recompiled as 1953 Comp., § 12-26-7, by Laws 1972, ch. 51, § 9; 2007, ch. 46, § 28.
ANNOTATIONS
Cross references.
— For public employment, blind not barred from competitive examination,
see
10-9-14 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Visual impairment as handicap or disability under state employment discrimination law, 77 A.L.R.5th 595.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-8 to 28-7-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 60, § 4, repealed 28-7-8 to 28-7-12 NMSA 1978, as enacted by Laws 1967, ch. 274, §§ 1 to 5 and as recompiled by Laws 1972, ch. 51, § 9, relating to administrative procedures for complaints against the division of services for the blind, and establishing a fair hearing board, effective June 17, 1983. For present provisions,
see
22-14-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-13 - Prohibiting influence against joining organizations for the visually handicapped.

No officer or employee of the state or any political subdivision of the state who is concerned with the administration of any program for the visually handicapped shall exert the influence of his office or position against the right of a person to join organizations for the visually handicapped.
History:
1953 Comp., § 12-13-13, enacted by Laws 1967, ch. 113, § 1; recompiled as 1953 Comp., § 12-26-13, by Laws 1972, ch. 51, § 9.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-14 - Medical eye care.

There is created the "medical eye care and sight conservation program" which shall be operated and administered by the commission for the blind. The medical eye care and sight conservation program shall serve persons who meet the program qualifications established by the commission and who are not eligible for vocational rehabilitation services.
History:
1953 Comp., § 12-26-14, enacted by Laws 1976, ch. 39, § 1; 1986, ch. 108, § 15.
ANNOTATIONS
Cross references.
— For Special Medical Needs Act,
see
Chapter 27, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-15 - Short title.

Sections 1 through 9 [28-7-15 to 28-7-23 NMSA 1978] of this act may be cited as the "Commission for the Blind Act".
History:
Laws 1986, ch. 108, § 1.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-16 - Commission for the blind created.

A. There is created the "commission for the blind", consisting of three members, at least one of whom shall be blind, appointed by the governor with the advice and consent of the senate. Members of the first commission shall be appointed for staggered terms, one ending on December 31, 1988, one ending December 31, 1990 and one ending December 31, 1992. Thereafter, appointments shall be for staggered terms of six years.
B. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall elect a chairman from its membership.
C. Members of the commission 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.
History:
Laws 1986, ch. 108, § 2.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-17 - Commission for the blind; powers and duties.

The commission for the blind shall:
A. apply for and receive money from any state or federal agency to be used for purposes relating to blindness and receive on behalf of the state any gifts, donations or bequests from any source, to be used in carrying out the commission's duties;
B. maintain a complete register of blind persons domiciled in New Mexico, specifying the nature and cause of blindness, capacity and need for educational or industrial training and other pertinent information;
C. maintain bureaus of information and industrial assistance to help blind persons find employment, train them in work which may be pursued in their own homes and assist them in merchandising and marketing their goods;
D. establish, equip and maintain a center with qualified instructors for vocational, industrial and other training of eligible blind persons. The center shall also provide for orientation and assistance for the adjustment of blind persons;
E. research and study the causes of blindness and its prevention in cooperation with the state or any other entity which the commission deems appropriate;
F. cooperate with appropriate state agencies in the adoption and carrying out of preventive measures relating to blindness;
G. promulgate rules and regulations necessary to effectuate the provisions of the Commission for the Blind Act [28-7-15 to 28-7-23 NMSA 1978]; and
H. publish an annual report on the activities and services of the commission.
History:
Laws 1986, ch. 108, § 3.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-18 - Staff.

The commission shall appoint a director, who is the administrative officer of the commission. The director shall employ such assistants and employees as are necessary for the efficient operation of the commission. The director and all employees are subject to the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1986, ch. 108, § 4.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-19 - Qualification as blind; examinations required.

A. Qualification of a person as blind shall be determined by means of an eye examination by a licensed ophthalmologist. Blindness shall be the major handicap in cases of multiple handicaps. Persons who are not blind but who have been certified by a licensed ophthalmologist as suffering from a deteriorating condition which will result in blindness also qualify as blind.
B. The commission shall determine the procedure to be followed for the examination of any person to establish blindness and shall maintain a list of all ophthalmologists currently licensed in New Mexico. The person may choose any licensed ophthalmologist to make the examination and the cost shall be paid by the commission pursuant to its regulations.
History:
Laws 1986, ch. 108, § 5.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-20 - Corrective medical services.

In addition to arranging and paying for examinations to determine blindness, the commission may arrange and pay for medical and surgical treatment of blind persons whenever a listed ophthalmologist judges that the treatment will be beneficial.
History:
Laws 1986, ch. 108, § 6.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-21 - Reports.

Whenever a licensed ophthalmologist finds a person he has examined to be blind, he shall report this fact, along with details of the examination, to the commission within thirty days of the examination date.
History:
Laws 1986, ch. 108, § 7.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 7 - Blind and Disabled Persons › Section 28-7-23 - Hearing; appeal.

The commission shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any act or failure to act arising from the operation of or administration of any program of the commission. The commission shall adopt rules and regulations as necessary to govern the conduct of such hearings.
History:
Laws 1986, ch. 108, § 9.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-1 - Definitions.

As used in this act [28-8-1 to 28-8-7 NMSA 1978]:
A. "disabled condition" means the condition of being unconscious, semiconscious, incoherent or otherwise incapacitated to communicate;
B. "disabled person" means a person in a disabled condition;
C. "the emergency symbol" means the caduceus inscribed within a six-barred cross used by the American Medical Association to denote emergency information;
D. "identifying device" means an identifying bracelet, necklace, metal tag or similar device bearing the emergency symbol and the information needed in an emergency; and
E. "medical practitioner" means a person licensed or authorized to practice medicine or osteopathy.
History:
1953 Comp., § 12-31-1, enacted by Laws 1973, ch. 265, § 1.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-2 - Identifying devices for persons having certain conditions.

A. A person who suffers from epilepsy, diabetes, a cardiac condition or any other type of illness that causes temporary blackouts, semiconscious periods or complete unconsciousness, or who suffers from a condition requiring specific medication or medical treatment, is allergic to certain medications or items used in medical treatment, wears contact lenses or is unable to communicate coherently or effectively in the English language, is authorized and encouraged to wear an identifying device.
B. Any person may carry an identification card bearing his name, type of medical condition, physician's name and other medical information.
C. By wearing an identifying device a person gives his consent for any peace officer or medical practitioner who finds him in a disabled condition to make a reasonable search of his clothing or other effects for an identification card of the type described in Subsection B of this section.
History:
1953 Comp., § 12-31-2, enacted by Laws 1973, ch. 265, § 2.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-3 - Duty of peace officer.

A. A peace officer shall make a diligent effort to determin [determine] whether any disabled person he finds is an epileptic or a diabetic or suffers from some other type of illness that would cause the condition. Whenever feasible, this effort shall be made before the person is charged with a crime or taken to a place of detention.
B. In seeking to determine whether a disabled person suffers from an illness, a peace officer shall make a reasonable search for an identifying device and an identification card of the type described in Subsection B of Section 2 [28-8-2 NMSA 1978] of this act and examine them for emergency information. The peace officer may not search for an identifying device or an identification card in a manner or to an extent that would appear to a reasonable person in the circumstances to cause an unreasonable risk of worsening the disabled person's condition.
C. A peace officer who finds a disabled person without an identifying device or identification card is not relieved of his duty to that person to make a diligent effort to ascertain the existence of any illness causing the disabled condition.
D. A claim for relief against a peace officer does not arise from his making a reasonable search of the disabled person to locate an identifying device or identification card, even though the person is not wearing an identifying device or carrying an identification card. However, nothing found on the disabled person during a search authorized under this act [28-8-1 to 28-8-7 NMSA 1978] shall be admitted into evidence in any court in a criminal proceeding where the disabled person is a defendant if the admission of the product of the search would not be entitled to admission except for the authority to search granted in Subsection C of this section.
E. A peace officer who determines or has reason to believe that a disabled person is suffering from an illness causing his condition shall promptly notify the person's physician, if practicable. If the officer is unable to ascertain the physician's identity or to communicate with him, the officer shall make a reasonable effort to cause the disabled person to be transported immediately to a medical practitioner or to a facility where medical treatment is available. If the officer believes it unduly dangerous to move the disabled person, he shall make a reasonable effort to obtain the assistance of a medical practitioner.
History:
1953 Comp., § 12-31-3, enacted by Laws 1973, ch. 265, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-4 - Duty of medical practitioners.

A. A medical practitioner, in discharging his duty to a disabled person whom he has undertaken to examine or treat, shall make a reasonable search for an identifying device or an identification card of the type described in Subsection B of Section 2 [28-8-2 NMSA 1978] of this act and examine them for emergency information.
B. A claim for relief against a medical practitioner does not arise from his making a reasonable search of a disabled person to locate an identifying device or identification card, even though the person is not wearing an identifying device or carrying an identification card.
History:
1953 Comp., § 12-31-4, enacted by Laws 1973, ch. 265, § 4.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-5 - Duty of others.

A. A person, other than a peace officer or medical practitioner, who finds a disabled person may make a reasonable effort to notify a peace officer. If a peace officer or medical practitioner is not present, a person who finds a disabled person may:
(1) make a reasonable search for an identifying device; and
(2) if the identifying device is found, may make a reasonable search for an identification card of the type described in Subsection B of Section 2 [28-8-2 NMSA 1978] of this act.
If a device or card is located, the person making the search shall attempt promptly to bring its contents to the attention of a peace officer or medical practitioner.
B. A claim for relief does not arise from a reasonable search to locate an identifying device or identification card as authorized by Subsection A of this section.
History:
1953 Comp., § 12-31-5, enacted by Laws 1973, ch. 265, § 5.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-6 - Falsifying identification or misrepresenting condition.

A person who, with intent to deceive, provides, wears, uses or possesses a false identifying device or an identification card of the type described in Subsection B of Section 2 [28-8-2 NMSA 1978] of this act is guilty of a misdemeanor and shall be fined not more than three hundred dollars ($300) or imprisoned for not more than ninety days, or both.
History:
1953 Comp., § 12-31-6, enacted by Laws 1973, ch. 265, § 6.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 8 - Identifying Devices and Cards for Disabled Persons › Section 28-8-7 - Other duties.

The duties imposed by this act [28-8-1 to 28-8-7 NMSA 1978] are in addition to, and not in limitation of, other duties existing under the law of this state.
History:
1953 Comp., § 12-31-7, enacted by Laws 1973, ch. 265, § 7.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 9 - Employment of Blind Persons (Recompiled.) › Section 28-9-1 to 28-9-6 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 60, § 3, recompiled 28-9-1 to 28-9-6 NMSA 1978, relating to the employment of blind persons, as 22-14-24 to 22-14-29 NMSA 1978, effective June 17, 1983.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-3 - Additional powers.

The governor's commission on disability:
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 programs of the federal government related to the concerns of individuals with disabilities except those designated by law as the responsibility of another state agency and may enter into contracts and agreements with agencies of the federal government for this purpose that do not conflict with existing programs of other state agencies.
History:
1953 Comp., § 59-15-3, enacted by Laws 1973, ch. 349, § 3; 1977, ch. 198, § 3; 1979, ch. 34, § 3; 2004, ch. 20, § 3.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability" and "handicapped persons" to "individuals with disabilities".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-3.1 - Full-service gasoline stations; decal display; service to person with a disability.

A. The governor's commission on disability shall design and produce a decal for display in full-service gasoline stations signifying that the gasoline station will provide gasoline pumping, window washing, fluid checks and other services provided at its full-service island to any properly permitted or certified driver with a disability at a self-service island.
B. Any full-service gasoline station providing the services described in Subsection A of this section may request and shall receive the decal upon application to the governor's commission on disability.
C. No gasoline station shall display the decal issued by the governor's commission on disability unless it provides full service to any driver with a disability at a self-service island.
D. A gasoline station owner or operator who displays a decal signifying that the station will provide additional services to drivers with a disability at a self-service island and who fails to provide that service shall be subject to revocation of the decal for display according to this section.
History:
Laws 1995, ch. 95, § 1; 2004, ch. 20, § 4; 2007, ch. 46, § 29.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's commission on concerns of the handicapped" to the "governor's commission on disability".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-3.2 - Short title.

Sections 1 and 2 [28-10-3.2 and 28-10-3.3 NMSA 1978] of this act may be cited as the "Parking Placard Abuse Act".
History:
Laws 1999, ch. 297, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 297 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-3.3 - Program created.

The "placard abuse prevention program" is created in the governor's commission on disability to ensure compliance with statutes affecting parking privileges for persons with severe mobility impairment and safe and effective use of designated disabled parking space. The commission shall design and implement a program to:
A. monitor the system of eligibility for and use of parking placards and special registration plates;
B. provide public awareness education and training to address barriers to the appropriate use of designated disabled parking space;
C. pursue efforts to reduce abuse and misuse of designated disabled parking space privileges, including revocation of parking placards and special registration plates; and
D. provide education, training and technical assistance to local law enforcement agencies and volunteers on enforcement of statutes affecting use of designated disabled parking space.
History:
Laws 1999, ch. 297, § 2; 2004, ch. 20, § 5.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-4 - Advisory council.

A. The governor's commission on disability shall appoint an appropriate advisory council on disability, which shall include representatives of state departments and agencies and individuals attentive to the concerns of individuals with disabilities.
B. The advisory council shall meet at the call of the chairman and shall make recommendations to the governor's commission on disability for the improvement and coordination of state activities relative to the concerns of individuals with disabilities.
History:
1953 Comp., § 59-15-4, enacted by Laws 1973, ch. 349, § 4; 1977, ch. 198, § 4; 1979, ch. 34, § 4; 2004, ch. 20, § 6.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability" and changed "handicapped" to "individuals with disabilities".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-5 - Disability fund created.

A. There is created in the state treasury a "disability fund". All funds, gifts, donations, bequests and other income of the governor's commission on disability shall be deposited by the director of the commission in the fund and shall be appropriated to the commission to further the purpose of Sections 28-10-1 through 28-10-8.1 NMSA 1978 or for the purposes stated by the donor or grantor of the funds.
B. Distributions made to the disability fund from the housing modification for persons with a disability permanent fund shall constitute a separate account in the fund and are appropriated to the governor's commission on disability for the purpose of carrying out a residential accessibility modification program.
C. Money in the disability fund shall not revert but shall be used only as provided in Sections 28-10-1 through 28-10-8.1 NMSA 1978.
History:
1953 Comp., § 59-15-5, enacted by Laws 1973, ch. 349, § 5; 2001, ch. 226, § 3; 2004, ch. 20, § 7; 2007, ch. 46, § 30.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability".
The 2001 amendment,
effective April 3, 2001, inserted the Subsection A and C designations and added Subsection B; in Subsection A, substituted "the governor's committee on concerns of the handicapped" for "the committee" and "director" for "executive secretary"; and made stylistic changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-5.1 - Housing modification for persons with a disability permanent fund; investment; distribution.

A. The "housing modification for persons with a disability permanent fund" is created in the state treasury. The fund shall consist of money appropriated to the fund and any gifts, donations or bequests made to the fund. Money in the fund shall be invested by the state investment officer as land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978, and earnings from investment of the fund shall be credited to the fund. Money in the fund shall not revert at the end of any fiscal year and shall not be expended for any purpose, except that an annual distribution shall be made to the fund for persons with a disability in accordance with Subsection B of this section.
B. On July 1 of fiscal year 2002 and on July 1 of each fiscal year thereafter, an annual distribution shall be made from the housing modification for persons with a disability permanent fund to the disability fund in an amount equal to three hundred thousand dollars ($300,000) until that amount is less than an amount equal to five percent of the average of the year-end market values of the housing modification for persons with a disability permanent fund for the immediately preceding five calendar years. Thereafter, the amount of the annual distribution shall be five percent of the average of the year-end market values of the housing modification for persons with a disability permanent fund for the immediately preceding five calendar years.
History:
Laws 2001, ch. 226, § 1; 2007, ch. 46, § 31.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-6 - Reports.

The governor's commission on disability and the advisory council on disability shall submit reports on their work for the preceding year to the governor and the legislature at least forty-five days prior to each regular legislative session. The report shall contain recommendations on present and future needs of individuals with disabilities.
History:
1953 Comp., § 59-15-6, enacted by Laws 1973, ch. 349, § 6; 1977, ch. 198, § 5; 1979, ch. 34, § 5; 2004, ch. 20, § 8.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability" and changed "handicapped" to "individuals with disabilities".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-7 - Compensation.

Members of the governor's commission on disability shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance. Members of the advisory council on disability may receive reimbursement in the same manner from funds available to the commission, only for advisory council meetings.
History:
1953 Comp., § 59-15-7, enacted by Laws 1973, ch. 349, § 7; 1977, ch. 198, § 6; 1979, ch. 34, § 6; 2004, ch. 20, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1982, ch. 13, § 1, repealed former 28-10-8 NMSA 1978, as enacted by Laws 1977, ch. 198, § 7, relating to the administration and funding for the committee on concerns of the handicapped, and enacted a new section, effective March 1, 1982.
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-8 - Administrative attachment.

The governor's commission on disability is administratively attached, as defined in the Executive Reorganization Act [9-1-1 9-1-10 NMSA 1978], to the department of finance and administration.
History:
1978 Comp., § 28-10-8, enacted by Laws 1982, ch. 13, § 1. ; 2004, ch. 20, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1982, ch. 13, § 1, repealed former 28-10-8 NMSA 1978, as enacted by Laws 1977, ch. 198, § 7, relating to the administration and funding for the committee on concerns of the handicapped, and enacted a new section, effective March 1, 1982.
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-8.1 - Director; commission staff.

The governor's commission on disability 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 [10-9-1 NMSA 1978].
History:
1978 Comp., § 28-10-8.1, enacted by Laws 1982, ch. 13, § 2; 2004, ch. 20, § 11.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed the name of the "governor's committee on concerns of the handicapped" to the "governor's commission on disability".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-9 - Short title.

Sections 28-10-9 through 28-10-12 NMSA 1978 may be cited as the "Disability Employment Act".
History:
1953 Comp., § 5-1-14, enacted by Laws 1969, ch. 129, § 1; 2007, ch. 46, § 32.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-10 - Definition.

As used in the Disability Employment Act [28-10-9 through 28-10-12 NMSA 1978], "persons with a disability" includes persons with a mental or physical disability.
History:
1953 Comp., § 5-1-15, enacted by Laws 1969, ch. 129, § 2; 2007, ch. 46, § 33.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 10 - Concerns and Employment of the Disabled › Section 28-10-11 - State policy.

In order to further the efforts of New Mexico in alleviating the problems of persons with a disability, full consideration shall be given to the employment of such persons in state government in positions in which they meet the necessary performance requirements or in positions in which performance requirements can be modified to take advantage of their abilities without detriment to the state service.
History:
1953 Comp., § 5-1-16, enacted by Laws 1969, ch. 129, § 3; 2007, ch. 46, § 34.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.