HB 302 — DEPT. OF DEFENSE MILITARY RECOMMENDATIONS

"public accommodation" means any governmental a t m m 21 entity or any establishment that provides or offers its d r e 22 services, facilities, accommodations or goods to the public, c e s k 23 but does not include a bona fide private club or other place or e a n b 24 establishment that is by its nature and use distinctly private;

u [ I.

"public contractor" means a person who receives .227835.1 - 7 - public funds as a result of contracting with a governmental entity;

HB 302 Page 7 (4) mutual domestic association;

"real property" means lands, leaseholds or commercial or industrial buildings, whether constructed or to e t 17 be constructed, offered for sale or rent, and any land rented w l n d 18 or leased for the use, parking or storage of house trailers;

= = 19 a l M.

"secretary" means the secretary of workforce i a e r 20 solutions;

a t m m 21 N.

"unlawful discriminatory practices" means those d r e 22 unlawful practices and acts specified in Section 28-1-7 NMSA c e s k 23 1978;

e a n b 24 O.

"physical or mental disability" means a physical u [ or mental impairment that substantially limits one or more of a .227835.1 - 8 - person's major life activities.

HB 302 Page 8 Q.

"gender identity" means a person's self- e t 17 perception, based on the person's appearance, behavior or w l n d 18 physical characteristics, that the person exhibits more = = 19 a l masculinity or femininity or the absence of masculinity or i a e r 20 femininity whether or not it matches the person's gender or sex a t m m 21 assigned at birth;

d r e 22 U.

"gender" means an individual or societal c e s k 23 expectation or perception of a person as masculine or feminine e a n b 24 based on appearance, behavior or physical characteristics;

u [ V.

"reasonable accommodation" means modification or .227835.1 - 9 - adaptation of the work environment, work schedule, work rules or job responsibilities, and reached through good faith efforts to explore less restrictive or less expensive alternatives to enable an employee to perform the essential functions of the job and that does not impose an undue hardship on the employer;

HB 302 Page 9 W.

(5) the impact of the accommodation otherwise e t 17 upon the employer's business;

w l n d 18 (6) the overall financial resources of the = = 19 a l employer;

i a e r 20 (7) the overall size of the business of an a t m m 21 employer with respect to the number, type and location of its d r e 22 facilities;

c e s k 23 (8) the type of operation of the employer, e a n b 24 including the composition, structure and functions of the u [ workforce of the employer;

or .227835.1 - 10 - (9) the geographic separateness or administrative or fiscal relationship to the employer of the employer's facilities;

"cultural or religious headdresses" includes HB 302 Page 10 hijabs, head wraps or other headdresses used as part of an individual's personal cultural or religious beliefs;

"governmental entity" means the state or any e t 17 public body;

w l n d 18 CC.

"public body" means a state or local = = 19 a l government, an advisory board, a commission, an agency or an i a e r 20 entity created by the constitution of New Mexico or any branch a t m m 21 of government that receives public funding, including political d r e 22 subdivisions, special tax districts, school districts and c e s k 23 institutions of higher education;

[and] e a n b 24 DD.

"services" means any function, program, u [ activity or benefit;

and .227835.1 - 11 - EE.

"military status" means a person's active membership in the armed forces or state defense force or being a veteran of the armed forces or state defense force and includes a spouse or child of an active member or veteran HB 302 Page 11 of the armed forces or state defense force." SECTION 5.

an employer, unless based on a bona fide occupational qualification or other statutory prohibition, to refuse to hire, to discharge, to promote or demote or to discriminate in matters of compensation, terms, conditions or privileges of employment against any person otherwise qualified because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, e t 17 pregnancy, childbirth or condition related to pregnancy or w l n d 18 childbirth, physical or mental disability, [or] serious medical = = 19 a l condition or military status, or, if the employer has fifty or i a e r 20 more employees, spousal affiliation;

provided, however, that 29 a t m m 21 U.S.C.

Section 631(c)(1) and (2) shall apply to discrimination d r e 22 based on age;

c e s k 23 B.

a labor organization to exclude a person or to e a n b 24 expel or otherwise discriminate against any of its members or u [ against any employer or employee because of race, religion, .227835.1 - 12 - color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability, [or] serious medical condition or HB 302 Page 12 military status;

any employer, labor organization or joint apprenticeship committee to refuse to admit or employ any person in any program established to provide an apprenticeship or other training or retraining because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability, [or] serious medical condition or military status, or, if the employer has fifty or more employees, spousal affiliation;

any person, employer, employment agency or labor e t 17 organization to print or circulate or cause to be printed or w l n d 18 circulated any statement, advertisement or publication, to use = = 19 a l any form of application for employment or membership or to make i a e r 20 any inquiry regarding prospective membership or employment that a t m m 21 expresses, directly or indirectly, any limitation, d r e 22 specification or discrimination as to race, color, religion, c e s k 23 national origin, ancestry, sex, sexual orientation, gender, e a n b 24 gender identity, pregnancy, childbirth or condition related to u [ pregnancy or childbirth, physical or mental disability, [or] .227835.1 - 13 - serious medical condition or military status, or, if the employer has fifty or more employees, spousal affiliation, unless based on a bona fide occupational qualification;

HB 302 Page 13 E.

an employment agency to refuse to list and properly classify for employment or refer a person for employment in a known available job, for which the person is otherwise qualified, because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability or serious medical condition, unless based on a bona fide occupational qualification, or to comply with a request from an employer for referral of applicants for employment if the request indicates, either directly or indirectly, that the employer discriminates in employment on the basis of race, religion, color, national origin, ancestry, e t 17 sex, sexual orientation, gender, gender identity, pregnancy, w l n d 18 childbirth or condition related to pregnancy or childbirth, = = 19 a l spousal affiliation, physical or mental disability, [or] i a e r 20 serious medical condition, unless based on a bona fide a t m m 21 occupational qualification, or military status;

d r e 22 F.

any person in any public accommodation to make a c e s k 23 distinction, directly or indirectly, in offering or refusing to e a n b 24 offer its services, facilities, accommodations or goods to any u [ person because of race, religion, color, national origin, .227835.1 - 14 - ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, [or] physical or HB 302 Page 14 mental disability or military status;

(1) refuse to sell, rent, assign, lease or sublease or offer for sale, rental, lease, assignment or sublease any housing accommodation or real property to any person or to refuse to negotiate for the sale, rental, lease, assignment or sublease of any housing accommodation or real property to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to e t 17 pregnancy or childbirth, spousal affiliation, [or] physical or w l n d 18 mental disability or military status;

provided that the = = 19 a l physical or mental disability is unrelated to a person's i a e r 20 ability to acquire or rent and maintain particular real a t m m 21 property or housing accommodation;

d r e 22 (2) discriminate against any person in the c e s k 23 terms, conditions or privileges of the sale, rental, e a n b 24 assignment, lease or sublease of any housing accommodation or u [ real property or in the provision of facilities or services in .227835.1 - 15 - connection therewith because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, [or] physical or mental disability or military status;

or(2) (3)discriminate print,against circulate, display or mail or cause to be printed, circulated, displayed or mailed any statement,person advertisement,in publicationthe orterms, signconditions or useprivileges any form of application for the purchase,sale, rental, lease,assignment, assignmentlease or sublease of any housing accommodation or real property or toin make any record or inquiry regarding the prospectiveprovision purchase, rental, lease, assignment or sublease of anyfacilities housing accommodation or realservices propertyin thatconnection expressestherewith anybecause preference,of e t 17 limitation or discrimination as to race, religion, color, w l n d 18 national origin, ancestry, sex, sexual orientation, gender, = = 19 a l gender identity, pregnancy, childbirth or condition related toHB i302 aPage e15 rto 20 pregnancy or childbirth, spousal affiliation, [or] physical or a t m m 21 mental disability or military status;

provided that the d r e 22 physical or mental disability is unrelated to a person's c e s k 23 ability to acquire or rent and maintain particular real e a n b 24 property or housing accommodation;

uor [(3) H.print, circulate, display or mail or cause to be printed, circulated, displayed or mailed any statement, advertisement, publication or sign or use any form of application for the purchase, rental, lease, assignment or sublease of any housing accommodation or real property or to make any record or inquiry regarding the prospective purchase, rental, lease, assignment or sublease of any housing accommodation or real property that expresses any preference, limitation or discrimination as to race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability or military status;

anyprovided personthat tothe whomphysical applicationor ismental madedisability eitheris .227835.1unrelated -to 16a -person's forability financialto assistanceacquire for the acquisition, construction, rehabilitation, repair or maintenancerent ofand anymaintain housingparticular accommodation or real property or forhousing anyaccommodation; type of consumer credit, including financial assistance for the acquisition of any consumer good as defined by Section 55-9-102 NMSA 1978, to:

H.

any person to whom application is made either for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or real property or for any type of consumer HB 302 Page 16 credit, including financial assistance for the acquisition of any consumer good as defined by Section 55-9-102 NMSA 1978, to:

or (2) use any form of application for financial assistance or to make any record or inquiry in connection with e t 17 applications for financial assistance that expresses, directly w l n d 18 or indirectly, any limitation, specification or discrimination = = 19 a l as to race, religion, color, national origin, ancestry, sex, i a e r 20 sexual orientation, gender, gender identity, pregnancy, a t m m 21 childbirth or condition related to pregnancy or childbirth, d r e 22 spousal affiliation or physical or mental disability;

c e s k 23 I.

e a n b 24 (1) aid, abet, incite, compel or coerce the u [ doing of any unlawful discriminatory practice or to attempt to .227835.1 - 17 - do so;

HB 302 Page 17 (2) engage in any form of threats, reprisal or discrimination against any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified or participated in any proceeding under the Human Rights Act;

any employer to refuse or fail to make reasonable accommodation for an employee or job applicant with e t 17 a need arising from pregnancy, childbirth or condition related w l n d 18 to pregnancy or childbirth;

= = 19 a l L.

any employer to require an employee with a need i a e r 20 arising from pregnancy, childbirth or condition related to a t m m 21 pregnancy or childbirth to take paid or unpaid leave if another d r e 22 reasonable accommodation can be provided unless the employee c e s k 23 voluntarily requests to be placed on leave or the employee is e a n b 24 placed on leave pursuant to federal law;

or u [ M.

a governmental entity or a public contractor to .227835.1HB -302 18Page -18 refuse or otherwise limit or put conditions on services to a person because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, physical or mental disability, serious medical condition or spousal affiliation;

"adult" means an individual who has attained e t 17 eighteen years of age or is an emancipated minor;

w l n d 18 B.

"caretaking authority" means the right to live = = 19 a l with and care for a child on a day-to-day basis.

"Caretaking i a e r 20 authority" includes physical custody, parenting time, right to a t m m 21 access and visitation;

d r e 22 C.

c e s k 23 (1) an unemancipated individual who has not e a n b 24 attained eighteen years of age;

or u [ (2) an adult son or daughter by birth or .227835.1HB -302 19Page -19 adoption, or under law of this state other than the Deployed Parents Custody and Visitation Act, who is the subject of a court order concerning custodial responsibility;

"decision-making authority" means the power to make important decisions regarding a child, including decisions e t 17 regarding the child's education, religious training, health w l n d 18 care, extracurricular activities and travel.

"Decision-making = = 19 a l authority" does not include the power to make decisions that i a e r 20 necessarily accompany a grant of caretaking authority;

a t m m 21 G.

"deploying parent" means a service member who is d r e 22 deployed or has been notified of impending deployment and is:

c e s k 23 (1) a parent of a child under law of this eHB a302 nPage b20 24 state other than the Deployed Parents Custody and Visitation u [ Act;

or .227835.1 - 20 - (2) an individual who has custodial responsibility for a child under law of this state other than the Deployed Parents Custody and Visitation Act;

e t 17 J.

"limited contact" means the authority of a w l n d 18 nonparent to visit a child for a limited time.

"Limited = = 19 a l contact" includes authority to take the child to a place other i a e r 20 than the residence of the child;

a t m m 21 K.

"nonparent" means an individual other than a d r e 22 deploying parent or other parent;

c e s k 23 L.

"other parent" means an individual who, in eHB a302 nPage b21 24 common with a deploying parent, is:

u [ (1) a parent of a child under law of this .227835.1 - 21 - state other than the Deployed Parents Custody and Visitation Act;

or e t 17 (2) attach to or logically associate with the w l n d 18 record an electronic symbol, sound or process;

= = 19 a l Q.

"state" means a state of the United States, the i a e r 20 District of Columbia, Puerto Rico, the United States Virgin a t m m 21 Islands or any territory or insular possession subject to the d r e 22 jurisdiction of the United States;

and c e s k 23 R.

eHB a302 nPage b22 24 (1) active and reserve components of the army, u [ navy, air force, space force, marine corps or coast guard of .227835.1 - 22 - the United States;

(1) "agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care e t 17 and an individual authorized to make decisions for another w l n d 18 under a natural death act;

= = 19 a l (2) "application" means a written request to a i a e r 20 court for an order of informal probate or appointment pursuant a t m m 21 to Chapter 45, Article 3 NMSA 1978;

d r e 22 (3) "authenticated", with reference to copies,HB c302 ePage s k 23 copies, means certified or exemplified;

e a n b 24 (4) "beneficiary", as it relates to a trust u [ beneficiary, includes a person who has any present or future .227835.1 - 23 - interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer;

(5) "beneficiary designation" refers to a e t 17 governing instrument naming a beneficiary of an insurance or w l n d 18 annuity policy, of an account with POD designation, of a = = 19 a l security registered in beneficiary form (TOD) or of a pension, i a e r 20 profit-sharing, retirement or similar benefit plan or other a t m m 21 nonprobate transfer at death;

dHB r302 ePage 2224 (6) "child" includes an individual entitled to c e s k 23 take as a child pursuant to the Uniform Probate Code by e a n b 24 intestate succession from the parent whose relationship is u [ involved and excludes a person who is only a stepchild, a .227835.1 - 24 - foster child, a grandchild or any more remote descendant;

(9) "descendant" of an individual means all of the individual's descendants of all generations, with the relationship of parent and child at each generation being e t 17 determined by the definition of child and parent contained in w l n d 18 the Uniform Probate Code;

= = 19 a l (10) "devise", when used as a noun, means a i a e r 20 testamentary disposition of real or personal property and, when a t m m 21 used as a verb, means to dispose of real or personal propertyHB d302 rPage e25 22property by will;

c e s k 23 (11) "devisee" means a person designated in a e a n b 24 will to receive a devise.

For the purposes of Chapter 45, u [ Article 3 NMSA 1978, in the case of a devise to an existing .227835.1 - 25 - trust or trustee or to a trustee or trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees;

(13) "electronic" means relating to technology having electronic, digital, magnetic, wireless, optical, e t 17 electromagnetic or similar capabilities;

w l n d 18 (14) "emancipated minor" means a person = = 19 a l sixteen years of age or older who:

i a e r 20 (a) has entered into a valid marriage, aHB t302 mPage m26 21 whether or not the marriage was terminated by dissolution;

d r e 22 (b) is a member of the active or reserve c e s k 23 components of the army, navy, air force, space force, marine e a n b 24 corps or coast guard of the United States who is on active duty u [ or a member of the national guard who is on activated status;

.227835.1 - 26 - or (c) has received a declaration of emancipation pursuant to the Emancipation of Minors Act;

e t 17 (19) "formal proceedings" means proceedings w l n d 18 conducted before a district judge with notice to interested = = 19 a l persons;

i a e r 20 (20) "governing instrument" means a deed, aHB t302 mPage m27 21 will, trust, insurance or annuity policy, account with POD d r e 22 designation, security registered in beneficiary form (TOD), c e s k 23 transfer on death (TOD) deed, pension, profit-sharing, e a n b 24 retirement or similar benefit plan, instrument creating or u [ exercising a power of appointment or a power of attorney or a .227835.1 - 27 - dispositive, appointive or nominative instrument of a similar type;

(24) "incapacitated person" means an e t 17 individual described in Section 45-5-101 NMSA 1978;

w l n d 18 (25) "informal proceedings" means those =HB =302 19Page a28 l proceedings conducted without notice to interested persons i a e r 20 before the court for probate of a will or appointment of a a t m m 21 personal representative, except as provided for in Section d r e 22 45-3-306 NMSA 1978;

c e s k 23 (26) "interested person" includes heirs, e a n b 24 devisees, children, spouses, creditors, beneficiaries and any u [ others having a property right in or claim against a trust .227835.1 - 28 - estate or the estate of a decedent, a minor protected person or an incapacitated person.

e t 17 (31) "mortgage" means any conveyance, wHB l302 nPage d29 18 agreement or arrangement in which property is encumbered or = = 19 a l used as security;

i a e r 20 (32) "nonresident decedent" means a decedent a t m m 21 who was domiciled in another jurisdiction at the time of death;

d r e 22 (33) "organization" means a corporation, c e s k 23 business trust, limited liability company, estate, trust, e a n b 24 partnership, joint venture, association, government or u [ governmental subdivision or agency or any other legal or .227835.1 - 29 - commercial entity;

(37) "personal representative" includes executor, administrator, successor personal representative, special administrator and persons who perform substantially theHB e302 tPage 1730 the same function under the law governing their status.

"General w l n d 18 personal representative" excludes special administrator;

= = 19 a l (38) "petition" means a written motion or i a e r 20 other request to the district court for an order after notice;

a t m m 21 (39) "proceeding" includes action at law and d r e 22 suit in equity;

c e s k 23 (40) "property" includes both real and e a n b 24 personal property or any right or interest therein and means u [ anything that may be the subject of ownership;

.227835.1 - 30 - (41) "protected person" has the same meaning as set forth in Section 45-5-101 NMSA 1978;

(44) "security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, HB 302 Page 31 transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security or any e t 17 certificate of interest or participation, any temporary or w l n d 18 interim certificate, receipt or certificate of deposit for or = = 19 a l any warrant or right to subscribe to or purchase any of the i a e r 20 foregoing;

a t m m 21 (45) "settlement", in reference to a d r e 22 decedent's estate, includes the full process of administration, c e s k 23 distribution and closing;

e a n b 24 (46) "sign" means with present intent to u [ authenticate or adopt a record other than a will:

.227835.1 - 31 - (a) to execute or adopt a tangible symbol;

HB 302 Page 32 (49) "successor personal representative" means a personal representative, other than a special administrator, e t 17 who is appointed to succeed a previously appointed personal w l n d 18 representative;

= = 19 a l (50) "successors" means persons, other than i a e r 20 creditors, who are entitled to property of a decedent under the a t m m 21 decedent's will or the Uniform Probate Code;

d r e 22 (51) "supervised administration" refers to the c e s k 23 proceedings described in Article 3, Part 5 of the Uniform e a n b 24 Probate Code;

u [ (52) "survive" means that an individual has .227835.1 - 32 - neither predeceased an event, including the death of another individual, nor is deemed to have predeceased an event pursuant to Section 45-2-104 or 45-2-702 NMSA 1978.

"Trust" HB 302 Page 33 excludes other constructive trusts and excludes resulting trusts, conservatorships, personal representatives, trust e t 17 accounts as defined in Article 6 of the Uniform Probate Code, w l n d 18 custodial arrangements, including those created under the = = 19 a l Uniform Transfers to Minors Act, business trusts providing for i a e r 20 certificates to be issued to beneficiaries, common trust funds, a t m m 21 voting trusts, security arrangements, liquidation trusts, d r e 22 trusts for the primary purpose of paying debts, dividends, c e s k 23 interest, salaries, wages, profits, pensions or employee e a n b 24 benefits of any kind and any arrangement under which a person u [ is nominee or escrowee for another;

.227835.1 - 33 - (56) "trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by court;

The definitions in Subsection A of this section are made subject to additional definitions contained in subsequent articles that are applicable to specific articles, parts or sections." HB 302 Page 34 SECTION 8.

e t 17 "66-3-303.

REGISTRATION BY MILITARY PERSONNEL.--Officers w l n d 18 and enlisted personnel of the United States army, navy, marine = = 19 a l corps, coast guard, space force and air force may operate their i a e r 20 personal passenger vehicles in this state subject to the a t m m 21 provisions of Section [64-3-301 NMSA 1953] 66-3-301 NMSA 1978." dHB r302 ePage 2235 -25 34 - c e s k 23 e a n b 24 u [ .227835.1