2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 1 - Uniform Licensing › Section 61-1-34 - Expedited licensure; military service members, including spouses and dependents, and veterans; waiver of fees.

A. A board that issues an occupational or professional license pursuant to Chapter 61 NMSA 1978 shall, as soon as practicable but no later than thirty days after a military service member or a veteran files a complete application, and provides a background check if required:
(1) process the application; and
(2) issue a license prima facie to a qualified applicant who submits satisfactory evidence that the applicant holds a license that is current and in good standing, issued by another jurisdiction, including a branch of the armed forces of the United States.
B. A license issued pursuant to this section is a provisional license but shall confer the same rights, privileges and responsibilities as a regular license. If the military service member or veteran was licensed in a licensing jurisdiction that did not require examination, a board may require the military service member or veteran to take a board-required examination prior to renewing the license.
C. A military service member or a veteran who is issued a license pursuant to this section shall not be charged an initial or renewal licensing fee for the first three years of licensure.
D. Each board that issues a license to practice a trade or profession shall, upon the conclusion of the state fiscal year, prepare a report on the number and type of licenses that were issued during the fiscal year under this section. The report shall be provided to the director of the office of military base planning and support not later than ninety days after the end of the fiscal year.
E. As used in this section:
(1) "licensing fee" means a fee charged at the time an initial or renewal application for a professional or occupational license is submitted to the state agency, board or commission and any fee charged for the processing of the application for such license; "licensing fee" does not include a fee for an annual inspection or examination of a licensee, a late fee or a fee charged for copies of documents, replacement licenses or other expenses related to a professional or occupational license;
(2) "military service member" means a person who is:
(a) serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard;
(b) the spouse of a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard, or a surviving spouse of a member who at the time of the member's death was serving on active duty; or
(c) the child of a military service member if the child is also a dependent of that person for federal income tax purposes; and
(3) "veteran" means a person who has received an honorable discharge or separation from military service.
History:
Laws 2013, ch. 33, § 1; 2020, ch. 6, § 5; 2021, ch. 92, § 8; 2022, ch. 39, § 10; 2023, ch. 190, § 24.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised the definition of "licensing fee"; in Subsection A, in the introductory clause, added "a complete" preceding "application"; in Subsection B, after "required examination", deleted "before making application for renewal" and added "prior to renewing the license"; in Subsection C, added "an initial or renewal"; and in Subsection E, Paragraph E(1), after "charged at the time an", added "initial or renewal", and after "examination of a licensee", added "a late fee".
The 2022 amendment,
effective May 18, 2022, clarified expedited licensing provisions for military service members, their spouses and dependent children, and for veterans, provided that a license issued pursuant to this section is a provisional license but confers the same rights, privileges and responsibilities as a regular license, eliminated the requirement to evaluate whether a qualified applicant has met minimal licensing requirements that are substantially equivalent to the licensing requirements for the license that the applicant is applying for, provided that the board may require a military service member or veteran who is licensed in a jurisdiction that did not require examination to take a board-required examination prior to renewal of the license; in Subsection A, after "background check if required", deleted "for a license accompanied by any required fees", and in Paragraph A(2), after "armed forces of the United States", deleted "and has met minimal licensing requirements that are substantially equivalent to the licensing requirements for the occupational or professional license that the applicant applies for pursuant to Chapter 61 NMSA 1978"; in Subsection B, after "A license issued pursuant to this section is", deleted "not", after "privileges and responsibilities as a", added "regular", and after "license", deleted "issued pursuant to Chapter 61 NMSA 1978" and added "If the military service member or veteran was licensed in a licensing jurisdiction that did not require examination, a board may require the military service member or veteran to take a board-required examination before making application for renewal."; deleted former Subsection C and redesignated former Subsections D through F as Subsection C through E, respectively; in Subsection C, deleted "Notwithstanding the provisions of Subsection A of this section", and after "the first three years", deleted "a license issued pursuant to this section is valid" and added "of licensure"; and in Subsection E, deleted former Paragraph E(1), which defined "license", and redesignated former Paragraphs E(2) through E(4) as Paragraphs E(1) through E(3), respectively, and in Subparagraph E(2)(c), deleted "person who is serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard, provided that" and added "military service member if the".
Temporary provisions.
— Laws 2022, ch. 39, § 104 provided that a board that is required by Laws 2022, ch. 39 to change its licensing provisions to allow for new or different expedited licensure shall have rules in place and operational by January 1, 2023.
The 2021 amendment,
effective June 18, 2021, amended the existing provision, which provides for expedited licensure and waiver of certain fees for military service members, to include all veterans, shortened the time in which the state agency, board or commission that issues an occupational or professional license must process an application from a military service member or veteran, defined "license", as used in this section, and revised the definition of "veteran", removed the definition of "recent veteran", and revised the definition of "military service member" to include a surviving spouse of a member who at the time of the member's death was serving on active duty; after "dependents", added "and veterans", and after "waiver of fees", deleted "recent veterans"; in Subsection A, after "no later than", changed "sixty" to "thirty", and after "provides", deleted "all of the documents required for the application" and added "a background check if required", and in Paragraph A(2), after "issue a license", added "prima facie"; in Subsection D, deleted "recent" preceding "veteran"; added a new Subsection E and redesignated former Subsection E as Subsection F; and in Subsection F, added Paragraph F(1) and redesignated former Paragraphs E(1) through E(3) as Paragraphs F(2) through F(4), respectively, in Paragraph F(3), Subparagraph F(3)(a), after "United States", added "as an active duty member", in Subparagraph F(3)(b), after "national guard", added "or a surviving spouse of a member who at the time of the member's death was serving on active duty", in Subparagraph F(3)(c), after "United States", added "as an active duty member", and in Paragraph F(4), deleted "recent" preceding "veteran", and after "military service", deleted "within the three years immediately preceding the date the person applied for a professional or occupational license pursuant to this section".
The 2020 amendment,
effective July 1, 2020, required state agencies, boards or commissions that issue occupational or professional licenses to process and issue a license to qualified military service members and recent veterans within sixty days of application, waived the licensing fees for the first three years of a valid license for military service members and recent veterans; defined "licensing fee" and "recent veteran" and amended the definition of "military service member" as used in this section, and after "Chapter 61", deleted "Articles 2 through 34" throughout the section; in the section heading, added "and dependents; waiver of fees; recent"; in Subsection A, after "as soon as practicable", added "but no later than sixty days", after "military service member", deleted "the spouse of a military service member", and after "files an application", added "and provides all of the documents required for the application"; in Subsection B, after "provisional license and", deleted "must" and added "shall"; deleted former Subsections D and E; added a new Subsection D and redesignated former Subsection F as Subsection E; in Subsection E, added a new Paragraph E(1) and redesignated former Paragraph E(1) as Paragraph E(2), in Paragraph E(2), added Subparagraphs E(2)(b) and E(2)(c); and deleted former Paragraph E(2) and added Paragraph E(3).