HB 339 — HOUSING DISCRIMINATION & HUMAN RIGHTS ACT

"major life activities" means functions such as h caring for one's self, performing manual tasks, walking, g o t hr seeing, hearing, speaking, breathing, learning and working;

g e i k Q.

"applicant for employment" means a person h r i s applying for a position as an employee;

h , t, R.

"sex" means a person's categorization as male, e u g e b l e e h female or intersex based on biology, physiology and physical n d d i = = o h characteristics;

l ] b ,d i a º e S.

"sexual orientation" means a person's physical, r i = r t e w d m a n o romantic or emotional attraction to persons of the same or a differentd genderm or: the absence of any such attraction;

b e d s º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 4 - e a n e d r e l u [ A d different gender or the absence of any such attraction;

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

a t m m 21 U.

"gender" means an individual or societal d r e 22 expectation or perception of a person as masculine or feminine c e s k 23 based on appearance, behavior or physical characteristics;

e a n b 24 V.

"reasonable accommodation" means modification or u [ adaptation of the work environment, work schedule, work rules .228687.4 - 4 - 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;

h W.

"undue hardship" means an accommodation g o t hr requiring significant difficulty or expense when considered in g e i k light of the following factors:

h r i s (1) the nature and cost of the accommodation;

h , t, (2) the financial resources of the employer e u g e b l e e h involved in the provision of the reasonable accommodation;

n d d i = = o h (3) the number of persons the employer l ] b ,d i a º e employs;

r i = r t e w d m a n o (4) the effect of the accommodation on expensesd andm resources;:

b e d s º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 5 - e a n e d r e l u [ A d expenses and resources;

e t 17 (6) the overall financial resources of the w l n d 18 employer;

= = 19 a l (7) the overall size of the business of an i a e r 20 employer with respect to the number, type and location of its a t m m 21 facilities;

d r e 22 (8) the type of operation of the employer, c e s k 23 including the composition, structure and functions of the e a n b 24 workforce of the employer;

or u [ (9) the geographic separateness or .228687.4 - 5 - administrative or fiscal relationship to the employer of the employer's facilities;

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

g o t hr Y.

"protective hairstyles" includes such hairstyles g e i k as braids, locs, twists, tight coils or curls, cornrows, bantu h r i s knots, afros, weaves, wigs or head wraps;

h , t, Z.

"race" includes traits historically associated e u g e b l e e h with race, including hair texture, length of hair, protective n d d i = = o h hairstyles or cultural or religious headdresses;

l ] b ,d i a º e AA.

"state" means the state of New Mexico or any of r i = r t e w d m a n o its agencies, departments, boards, instrumentalities or institutions;d m :

b e d s º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 6 - e a n e d r e l u [ A d institutions;

e t 17 CC.

"public body" means a state or local w l n d 18 government, an advisory board, a commission, an agency or an = = 19 a l entity created by the constitution of New Mexico or any branch i a e r 20 of government that receives public funding, including political a t m m 21 subdivisions, special tax districts, school districts and d r e 22 institutions of higher education;

c e s k 23 DD.

"services" means any function, program, e a n b 24 activity or benefit;

[and][and u] [ EE.

"military status" means a person's active .228687.4 - 6 - 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 of the armed forces or state defense force;

h FF.

"source of income" means any lawful and g o t hr verifiable source of money, funds, payments or other monetary g e i k consideration, including:

h r i s (1) income from a lawful profession, h , t, occupation or job;

e u g e b l e e h (2) social security benefits;

n d d i = = o h (3) pension, annuity, alimony or child support l ] b ,d i a º e income;

or (4)r anyi form= ofr federal,t statee orw locald governmentm or nonprofit organization assistance or housing assistance, including vouchers paid directly to a housingn providero even(4) ifany theform assistanceof includesfederal, requirementsstate for e t 17 inspections, administrative processes or contractinglocal w l n d 18m agreements;:

=b e d s º o t n = 19.228687.4AIC March 14, 2025 (2:25pm) s k m e - 7 - e a n e d r e l GG.u [ A d government or nonprofit organization assistance or housing assistance, including vouchers paid directly to a housing provider even if the assistance includes requirements for inspections, administrative processes or contracting agreements;

"invalidGG. screening process" means a screening i a e r 20 process used to determine the sufficiency of income or assets a t m m 21 of an individual or a housing applicant that:

d"invalid rscreening eprocess" 22means (1)a failsscreening toprocess includeused allto ofdetermine the individual'ssufficiency cof eincome sor kassets 23of an individual or thea housing applicant'sapplicant sourcesthat: of income;

or(1) e a n b 24 (2) fails to limitinclude theall calculation of an u [ applicant's income requirement to the remainingindividual's ratio of income .228687.4 - 7 - to housing payment due after income from federal, state, local or tribalthe housing assistanceapplicant's hassources been subtracted from the total amount of theincome; housing payment;

or (2) fails to limit the calculation of an applicant's income requirement to the remaining ratio of income to housing payment due after income from federal, state, local or tribal housing assistance has been subtracted from the total amount of the housing payment;

"housing applicant" means an individual h applying to rent or own a housing accommodation." g o t hr SECTION 2.

Section 28-1-4 NMSA 1978 (being Laws 1987, g e i k Chapter 342, Section 18) is amended to read:

h r i s "28-1-4.

POWERS AND DUTIES.-- h , t, A.

Except as provided in Section 28-1-7.3 NMSA e u g e b l e e h 1978, the commission may:

n d d i = = o h (1) hear complaints and issue orders, l ] b ,d i a º e including cease and desist orders concerning alleged unlawful r i = r t e w d m a n o discriminatory practice;

and (2) hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath, order depositions and require the e t 17 production for examination of any books, records, w l n d 18m correspondence,: documents and other evidence relating to any = = 19 a l matter under investigation or in question before the i a e r 20 commission.

Contumacyb ore refusald tos obeyº ao subpoenat issuedn a= t.228687.4AIC mMarch m14, 212025 pursuant(2:25pm) tos thisk sectionm constitutese contempt- punishable8 by- thee a n e d r e 22l districtu court[ ofA d (2) hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the judicialtestimony districtof inany whichperson under oath, order depositions and require the witnessproduction cfor eexamination sof kany 23books, mayrecords, becorrespondence, found.documents and other evidence relating to any matter under investigation or in question before the commission.

NoContumacy individual shall be excused from attending e a n b 24 and testifying or fromrefusal producing evidence in obedience to obey a u [ subpoena issued pursuant to this section onconstitutes thecontempt groundspunishable thatby .228687.4the -district 8court -of the testimonyjudicial ordistrict evidencein requiredwhich of [him] the individualwitness may tendbe tofound. incriminate [him] or subject [him] that individual to a penalty or a forfeiture.

However,No no individual shall be prosecutedexcused from attending and testifying or subjectedfrom producing evidence in obedience to anya penaltysubpoena orissued forfeiturepursuant concerningto anythis mattersection foron whichthe [he]grounds that the testimony or evidence required of [him ] the individual ismay compelledtend to testifyincriminate [him ] or givesubject evidence[him] afterthat havingindividual claimedto [his]a thepenalty rightor againsta self-incrimination.forfeiture.

Nevertheless,However, theno individual soshall testifyingbe shallprosecuted notor besubjected exemptto fromany prosecutionpenalty andor punishmentforfeiture concerning h any matter for perjurywhich committed[he while] testifying.the individual is compelled to g o t hr testify or give evidence after having claimed [his ] the right g e i k against self-incrimination.

B.Nevertheless, the individual so h r i s testifying shall not be exempt from prosecution and punishment h , t, for perjury committed while testifying.

Excepte asu providedg ine Sectionb 28-1-7.3l NMSAe 1978,e theh humanB. rights bureau of the labor relations division of the workforce solutions department may:

(1)Except receiveas andprovided investigatein complaintsSection 28-1-7.3 NMSA n d d i = = o h 1978, the human rights bureau of allegedthe unlawfullabor discriminatoryrelations practice;division l ] b ,d i a º e of the workforce solutions department may:

(2)r seeki to= eliminater discriminationt throughe conciliationw andd persuasionm bya voluntaryn conferenceso with(1) ereceive tand 17investigate interestedcomplaints parties;of d m :

wb le n d 18s (3)º recommendo applicationt byn the director to a = =.228687.4AIC 19March a14, l2025 district(2:25pm) courts ink them countye where- the9 violating- partye resides i a n e d r 20e forl specificu performance[ ofA anyd conciliationalleged agreementunlawful ordiscriminatory forpractice; a t m m 21 enforcement of any order issued by the commission;

d(2) rseek e 22 (4) endeavor to eliminate prejudicediscrimination andthrough toconciliation cand epersuasion sby kvoluntary 23conferences furtherwith goodinterested will.parties;

The(3) [division]recommend bureau,application inby cooperationthe withdirector eto a ndistrict bcourt 24in the [statecounty departmentwhere of]the publicviolating educationparty departmentresides andfor localspecific uperformance [ boards of education,any shallconciliation encourageagreement anor educational program for .228687.4enforcement -of 9any -order allissued residentsby of the state,commission; calculated to eliminate prejudice, its harmful effects and its incompatibility with principles of fair play, equality and justice;

(5)(4) encourageendeavor voluntary advisory groups to studyeliminate problemsprejudice ofand discrimination in all fields, to foster,further through community efforts, good willwill. and cooperation in this state and to make recommendations to the secretary for the development of policies and procedures [which] that the secretary may recommend to appropriate state agencies;

(6)The seek[division and] enlistbureau, thein cooperation andwith contributionsthe and[state grantsdepartment of individuals] public education department and foundations,local private,boards charitable,of religious,education, labor,shall civicencourage andan benevolenteducational organizationsprogram andfor all residents of the federalstate, governmentcalculated forto theeliminate purposesprejudice, its harmful effects and its incompatibility with principles of thisfair section;play, equality and justice;

(7)(5) issueencourage publicationsvoluntary andadvisory releasegroups theto resultsh study problems of investigationdiscrimination andin researchall [which]fields, thatto foster, g o t hr through community efforts, good will and cooperation in thethis secretary'sg e ti 17k judgmentstate willand tendto make recommendations to promotethe goodsecretary willfor the h r i s development of policies and preventprocedures or[which w] lthat nthe dh 18, eliminatet, discrimination;secretary may recommend to appropriate state agencies;

e u g e b l e e h (6) seek and enlist the cooperation and n d d i = = 19o ah lcontributions (8)and submitgrants annuallyof aindividuals writtenand reportfoundations, ofl all] b ,d i a º e rprivate, 20charitable, itsreligious, activitieslabor, civic and recommendationsbenevolent tor thei secretary,= ther a t me w d m 21a governorn o organizations and the legislature."federal dgovernment rfor ethe 22purposes SECTIONof 3.d m :

Sectionb 28-1-7e NMSAd 1978s (beingº Lawso 1969,t cn e= .228687.4AIC March 14, 2025 (2:25pm) s k 23m Chaptere 196,- Section10 7,- ase amended)a isn amendede tod read:r e l u [ A d this section;

e(7) aissue npublications band 24release "28-1-7.the results of investigation and research [which ] that in the secretary's judgment will tend to promote good will and prevent or eliminate discrimination;

UNLAWFULand DISCRIMINATORY(8) PRACTICE--EMPLOYER--submit uannually [a LABORwritten ORGANIZATION--APPRENTICESHIPreport COMMITTEE--EMPLOYMENTof .228687.4all -its 10activities -and AGENCY.--Itrecommendations isto anthe unlawfulsecretary, discriminatorythe practicegovernor for:and the legislature." SECTION 3.

Section 28-1-7 NMSA 1978 (being Laws 1969, Chapter 196, Section 7, as amended) is amended to read:

"28-1-7.

UNLAWFUL DISCRIMINATORY PRACTICE--EMPLOYER-- LABOR ORGANIZATION--APPRENTICESHIP COMMITTEE--EMPLOYMENT AGENCY.--It is an unlawful discriminatory practice for:

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 h discriminate in matters of compensation, terms, conditions or u » r privileges of employment against any person otherwise qualified t h g e l i because of race, age, religion, color, national origin, h r i s ancestry, sex, sexual orientation, gender, gender identity, h , e h pregnancy, childbirth or condition related to pregnancy or t u g e b l e e , gh childbirth, physical or mental disability, serious medical n d d i = = o h condition or military status, or, if the employer has fifty or l ] b ,d i a º r more employees, spousal affiliation;

provided, however, that 29 e r = t e w d m a n o U.S.C.

Section 631(c)(1) and (2) shall apply to discrimination basedd onm age;:

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 11 - e a n e d r e l u [ A d based on age;

a labor organization to exclude a person or to expel or otherwise discriminate against any of its members or e t 17 against any employer or employee because of race, religion, w l n d 18 color, national origin, ancestry, sex, sexual orientation, = = 19 a l gender, gender identity, pregnancy, childbirth or condition i a e r 20 related to pregnancy or childbirth, spousal affiliation, a t m m 21 physical or mental disability, serious medical condition or d r e 22 military status;

c e s k 23 C.

any employer, labor organization or joint e a n b 24 apprenticeship committee to refuse to admit or employ any u [ person in any program established to provide an apprenticeship .228687.4 - 11 - 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 h disability, serious medical condition or military status, or, u » r if the employer has fifty or more employees, spousal t h g e l i affiliation;

h r i s D.

any person, employer, employment agency or labor h , e h organization to print or circulate or cause to be printed or circulatedt anyu statement,g advertisemente orb publication,l toe usee any, formgh ofcirculated applicationany forstatement, employmentadvertisement or membershippublication, or to makeuse anyn inquiryd regardingd prospectivei membership= or= employmento thath expresses,any directlyform orof indirectly,application anyfor limitation,employment specification or discriminationmembership asor to race,make color,l religion,] nationalb origin,,d ancestry,i sex,a sexualº orientation,r gender,any genderinquiry identity,regarding pregnancy,prospective childbirthmembership or conditionemployment relatedthat to e tr 17= pregnancyt ore childbirth, physical or mental disability, serious w l n d 18m medicala conditionn oro militaryexpresses, status,directly or, if the employer has = = 19 a l fifty or moreindirectly, employees,any spousallimitation, affiliation,d unlessm based: on a i a e r 20 bona fide occupational qualification;

ab r e t mº o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m 21e E.- 12 - e a n e d r e l u [ A d specification or discrimination as to race, color, religion, 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 military status, or, if the employer has fifty or more employees, spousal affiliation, unless based on a bona fide occupational qualification;

anE. employment agency to refuse to list and d r e 22 properly classify for employment or refer a person for c e s k 23 employment in a known available job, for which the person is e a n b 24 otherwise qualified, because of race, religion, color, national u [ origin, ancestry, sex, sexual orientation, gender, gender .228687.4 - 12 - 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, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability, serious medical condition, unless based on a bona fide occupational qualification, or military status;

[F.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 h request from an employer for referral of applicants for u » r employment if the request indicates, either directly or t h g e l i indirectly, that the employer discriminates in employment on h r i s the basis of race, religion, color, national origin, ancestry, h , e h sex, sexual orientation, gender, gender identity, pregnancy, t u g e b l e e , gh childbirth or condition related to pregnancy or childbirth, n d d i = = o h spousal affiliation, physical or mental disability, serious l ] b ,d i a º r medical condition, unless based on a bona fide occupational e r = t e w d m a n o qualification, or military status;

any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services, facilities, accommodations or goods to e t 17 any person because of race, religion, color, national origin, w l n d 18 ancestry, sex, sexual orientation, gender, gender identity, = = 19 a l pregnancy, childbirth or condition related to pregnancy or i a e r 20 childbirth, spousal affiliation, physical or mental disability a t m m: 21 or military status;

providedb that the physical or mental d r e 22t disabilityº iso unrelatedt ton a= person's.228687.4AIC abilityMarch to14, acquire2025 or(2:25pm) c e s k 23m rente and- maintain13 particular- reale propertya orn housinge d r e al nu b[ 24A accommodation;d [F.

uany [person G.in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services, facilities, accommodations or goods to any person 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 military status;

provided that the physical or mental disability is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation;

G.

.228687.4 - 13 - (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, h assignment or sublease of any housing accommodation or real u » r property to any person because of race, religion, color, t h g e l i national origin, ancestry, sex, sexual orientation, gender, h r i s gender identity, pregnancy, childbirth or condition related to h , e h pregnancy or childbirth, spousal affiliation, physical or t u g e b l e e , gh mental disability or military status;

provided that the n d d i = = o h physical or mental disability is unrelated to a person's l ] b ,d i a º r ability to acquire or rent and maintain particular real e r = t e w d m a n o property or housing accommodation;

d m :

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 14 - e a n e d r e l u [ A d (2) discriminate against any person in the terms, conditions or privileges of the sale, rental, assignment, lease or sublease of any housing accommodation or real property or in the provision of facilities or services in 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, physical or mental disability or military status;

(2)or discriminate(3) againstprint, circulate, display or mail or cause to be printed, circulated, displayed or mailed any personstatement, inadvertisement, thepublication terms,or conditionssign or privilegesuse any form of application for the sale,purchase, rental, assignment,lease, leaseassignment or h sublease of any housing accommodation or ereal tproperty 17or realto propertyu » r make any record or ininquiry regarding the provisionprospective purchase, t h g e l i rental, lease, assignment or sublease of facilitiesany housing h r i s accommodation or servicesreal inproperty wthat lexpresses nany dpreference, 18h connection, therewithe becauseh oflimitation or discrimination as to race, religion, color, nationalt =u =g 19e ab l e e , gh national origin, ancestry, sex, sexual orientation, gender, gendern d d i a= e= ro 20h gender identity, pregnancy, childbirth or condition related to al t] mb m,d 21i a º r pregnancy or childbirth, spousal affiliation, physical or de r = t e 22w d m a n o mental disability or military status;

provided that the cd em s: k 23 physical or mental disability is unrelated to a person's e a n b 24 ability to acquire or rent and maintain particular real u [ property or housing accommodation;

orb .228687.4r -e 14t -º (3)o print,t circulate,n display= or.228687.4AIC mailMarch or14, cause2025 to(2:25pm) bes printed,k circulated,m displayede or- mailed15 any- statement,e advertisement,a publicationn ore signd orr usee anyl formu of[ applicationA ford thephysical purchase, rental, lease, assignment or subleasemental ofdisability anyis housingunrelated accommodationto ora realperson's propertyability or to makeacquire any record or inquiryrent regardingand themaintain prospectiveparticular purchase, rental, lease, assignment or sublease of any housing accommodation or real property that expresses any preference, limitation or discriminationhousing asaccommodation; 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;

providedH. that the physical or mental disability is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation;

eany tperson 17to H.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 credit, including financial assistance for the acquisition of any consumer good as defined by Section 55-9-102 NMSA 1978, to:

any(1) personconsider tothe whomrace, applicationreligion, iscolor, madenational eitherorigin, wancestry, lsex, nsexual dorientation, 18gender, forgender financialidentity, assistancepregnancy, forchildbirth theor acquisition,condition construction,related =to =pregnancy 19or achildbirth, lspousal rehabilitation,affiliation repairor physical or maintenancemental disability of any housingindividual iin athe egranting, rwithholding, 20extending, accommodationmodifying or realrenewing property or forin anythe typefixing of consumerthe arates, tterms, mconditions mor 21provisions credit,of includingany financial h assistance foror in the acquisitionextension of dservices rin econnection 22with anyu consumer» goodr asthe definedrequest byfor Sectionfinancial 55-9-102assistance; NMSA 1978, to:

cor t h g e l i (2) use any form of application for financial h r i s kassistance 23or (1)to considermake theany race,record religion,or color,inquiry ein aconnection nwith bh 24, nationale origin,h ancestry,applications sex,for sexualfinancial orientation,assistance gender,that expresses, directly t u [g gendere identity,b pregnancy,l childbirthe e , gh or conditionindirectly, relatedany tolimitation, .228687.4specification -or 15discrimination -n pregnancyd ord childbirth,i spousal= affiliation= oro physicalh oras mentalto disabilityrace, ofreligion, anycolor, individualnational inorigin, theancestry, granting,sex, withholding,l extending,] modifyingb or,d renewingi ora inº ther fixingsexual oforientation, thegender, rates,gender terms,identity, conditionspregnancy, ore provisionsr of= anyt financiale assistancew ord inm thea extensionn ofo serviceschildbirth inor connectioncondition withrelated theto requestpregnancy foror financialchildbirth, assistance;d m :

orb (2)r usee anyt formº ofo applicationt forn financial= assistance.228687.4AIC orMarch to14, make2025 any(2:25pm) records ork inquirym ine connection- with16 applications- fore financiala assistancen thate expresses,d directlyr ore indirectly,l anyu limitation,[ specificationA ord 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 or physical or mental disability;

(1) aid, abet, incite, compel or coerce the e t 17 doing of any unlawful discriminatory practice or to attempt to w l n d 18 do so;

= = 19 a l (2) engage in any form of threats, reprisal or i a e r 20 discrimination against any person who has opposed any unlawful a t m m 21 discriminatory practice or has filed a complaint, testified or d r e 22 participated in any proceeding under the Human Rights Act;

or c e s k 23 (3) willfully obstruct or prevent any person e a n b 24 from complying with the provisions of the Human Rights Act or u [ to resist, prevent, impede or interfere with the commission or .228687.4 - 16 - any of its members, staff or representatives in the performance of their duties under the Human Rights Act;

any employer to refuse or fail to accommodate a person's physical or mental disability or serious h medical condition, unless such accommodation is unreasonable or g o t hr an undue hardship;

g e i k [K.] H.

any employer to refuse or fail to make h r i s reasonable accommodation for an employee or job applicant with h , t, a need arising from pregnancy, childbirth or condition related e u g e b l e e h to pregnancy or childbirth;

or n d d i = = o h [L.] I.

any employer to require an employee with a l ] b ,d i a º e need arising from pregnancy, childbirth or condition related to pregnancyr ori childbirth= tor taket paide orw unpaidd leavem ifa anothern reasonableo accommodationpregnancy canor bechildbirth provided unless the employee voluntarily requests to betake placedpaid on leave or theunpaid employee is placed on leave pursuantif toanother federald lawm [or: e t 17 M.

ab governmentale entityd ors aº publico contractort to w l n d= 18.228687.4AIC refuseMarch or14, otherwise2025 limit(2:25pm) ors putk conditionsm one services- to17 a- =e = 19 a ln persone becaused ofr race, age, religion, color, national origin, i a e rl 20u ancestry,[ sex,A sexuald orientation,reasonable gender,accommodation gendercan identity,be aprovided tunless mthe memployee 21voluntarily pregnancy,requests childbirth or condition related to pregnancybe orplaced don rleave e 22 childbirth, physical or mentalthe disability,employee seriousis medicalplaced con eleave spursuant kto 23federal conditionlaw or[or spousalM. affiliation;

provideda thatgovernmental nothingentity inor this e a npublic bcontractor 24to subsectionrefuse shallor beotherwise construedlimit toor requireput aconditions governmentalon entityservices uto [a orperson abecause publicof contractorrace, toage, providereligion, servicescolor, ornational programsorigin, beyondancestry, .228687.4sex, -sexual 17orientation, -gender, servicesgender oridentity, programspregnancy, tochildbirth theor specificcondition populationsrelated thatto thepregnancy governmentalor entitychildbirth, physical or publicmental contractordisability, isserious taskedmedical withcondition serving]."or SECTIONspousal 4.affiliation;

Sectionprovided 28-1-7.1that NMSAnothing 1978in (beingthis Lawssubsection 2003,shall Chapterbe 231,construed Sectionto 1)require isa amendedgovernmental entity or a public contractor to read:provide services or programs beyond services or programs to the specific populations that the governmental entity or public contractor is tasked with serving]." SECTION 4.

"28-1-7.1.Section 28-1-7.1 NMSA 1978 (being Laws 2003, h Chapter 231, Section 1) is amended to read:

[PROHIBITINGg DISCRIMINATIONo AGAINST]t PROHIBITEDhr DISCRIMINATORY"28-1-7.1. ACTS--SENIORS IN CERTAIN VOLUNTEER SERVICE--GOVERNMENTAL ENTITIES--PUBLIC CONTRACTORS--GOVERNMENT PROGRAMS OR SERVICES--CONSUMER GOODS FINANCIAL ASSISTANCE.-- A.

The[PROHIBITING stateDISCRIMINATION orAGAINST a] politicalg subdivisione ofi thek state,PROHIBITED aDISCRIMINATORY governmentalACTS entity--SENIORS orIN aCERTAIN publicVOLUNTEER contractorh shallr not:i s SERVICE--GOVERNMENTAL ENTITIES--PUBLIC CONTRACTORS--GOVERNMENT h , t, PROGRAMS OR SERVICES--CONSUMER GOODS FINANCIAL ASSISTANCE.-- e u g e b l e e h A.

(1)The excludestate [aor person]a anpolitical individualsubdivision whoof isthe oldern thand sixtyd yearsi of= age= fromo volunteerh servicestate asSTBTCº long, asa thegovernmental [person]entity individualor isa physically,public mentallyl and] professionallyb capable,d ofi performinga theº servicese involved.contractor»STBTC shall not STBTCº:»STBTC r i = r t e w d m a n o STBTCº(1)»STBTC exclude [a person] an d m :

Forb thee purposesd ofs thisº section,o "professionallyt capable"n e= t.228687.4AIC 17March means14, having2025 the(2:25pm) abilitys tok demonstratem reasonablee proficiency- w18 l- e a n e d 18r ande havingl anyu relevant[ certificationA ind accordanceindividual withwho theis =older =than 19sixty ayears lof laws,age rulesfrom orvolunteer technicalservice standardsas thatlong mayas govern the i[person a] eindividual ris 20physically, particularmentally profession;and professionally capable of performing the services involved.

orFor athe tpurposes mof mthis 21section, (2)"professionally refusecapable" ormeans otherwisehaving limitthe orability put d r e 22 conditions on services to andemonstrate individualreasonable becauseproficiency ofand race,having age,any crelevant ecertification sin kaccordance 23with religion,the color,laws, nationalrules origin, ancestry, sex, sexual e a n b 24 orientation, gender, gender identity, pregnancy, childbirth or utechnical [standards conditionthat relatedmay togovern pregnancythe orparticular childbirth,profession physicalSTBTCº or; .228687.4 - 18 - mental disability, serious medical condition or spousal affiliation;

providedor»STBTC thatSTBTCº.»STBTC nothingSTBTCº(2)»STBTC inSTBTCºB. this subsection shall be construed to require a governmental entity or a public contractor to provide services or programs beyond services or programs to the specific populations that the governmental entity or public contractor is tasked with serving.

B.It is an unlawful discriminatory practice for a government entity or public contractor to»STBTC refuse or otherwise limit or put conditions on services to an individual 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 h condition or spousal affiliation;

Itprovided that nothing in this u » r subsection shall be anconstrued unlawfulto discriminatoryrequire practicea forgovernmental anyentity persont toh whomg applicatione isl madei eitheror fora financialpublic assistancecontractor to provide services or forprograms anybeyond typeh ofr consumeri credit,s includingservices financialor assistanceprograms forto the acquisitionspecific ofpopulations anythat consumerthe goodh as, definede byh Sectiongovernmental 55-9-102entity NMSAor 1978,public to:contractor is tasked with t u g e b l e e , gh serving.

(1)n considerd thed race,i religion,= color,= nationalo origin,h ancestry,STBTCºB.»STBTC sex,STBTCºC.»STBTC sexualIt orientation,shall gender,be genderan identity,l pregnancy,] childbirthb or,d conditioni relateda toº pregnancyr orunlawful childbirth,discriminatory spousalpractice affiliationfor or physical or mental disability of any individualperson into thewhom granting, e tr 17= withholding,t extending,e modifying or renewing or in the fixing w l n d 18m ofa then rates,o terms,application conditionsis ormade provisionseither offor any financial = = 19 a l assistance or infor theany extensiond ofm services: in connection with i a e r 20 the request for financial assistance;

orb a t m m 21 (2) use any form of application for financial d r e 22t assistanceº oro tot maken any= record.228687.4AIC orMarch inquiry14, in2025 connection(2:25pm) with c e s k 23m applicationse for- financial19 assistance- that expresses, directly e a n be 24d orr indirectly,e anyl limitation, specification or discrimination u [ asA tod race,type religion,of color,consumer nationalcredit, origin,including ancestry,financial sex,assistance .228687.4for -the 19acquisition -of sexualany orientation,consumer gender,good genderas identity,defined pregnancy,by childbirthSection or55-9-102 conditionNMSA related1978, toto: pregnancy or childbirth, spousal affiliation or physical or mental disability." SECTION 5.

A(1) newconsider sectionthe 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 of any individual in the Humangranting, Rightswithholding, Act,extending, Sectionmodifying 28-1-7.3or NMSArenewing 1978,or isin enactedthe tofixing read:of the rates, terms, conditions or provisions of any financial assistance or in the extension of services in connection with the request for financial assistance;

"28-1-7.3.or (2) use any form of application for financial assistance or to make any record or inquiry in connection with applications for financial assistance that expresses, directly or indirectly, any limitation, specification or discrimination h as to race, religion, color, national origin, ancestry, sex, u » r sexual orientation, gender, gender identity, pregnancy, t h g e l i childbirth or condition related to pregnancy or childbirth, h r i s spousal affiliation or physical or mental disability." h , e h SECTION 5.

[NEWA MATERIAL]new UNLAWFULsection DISCRIMINATORYof PRACTICE--PUBLICthe ACCOMMODATION--PUBLICHuman HOUSINGRights ACCOMMODATION--Act, ENFORCEMENT.--Section A.t u g e b l e e , gh 28-1-7.3 NMSA 1978, is enacted to read:

n d d i = = o h "28-1-7.3.

[NEW MATERIAL ] UNLAWFUL DISCRIMINATORY l ] b ,d i a º r PRACTICE--PUBLIC ACCOMMODATION-- HCPACº PUBLIC»HCPAC HOUSING e r = t e w d m a n o ACCOMMODATION--ENFORCEMENT.-- d m :

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 20 - e a n e d r e l u [ A d A.

(1) race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or condition related to pregnancy or e t 17 childbirth, spousal affiliation or military status;

or w l n d 18 (2) physical or mental disability;

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

d r e 22 B.

It is an unlawful discriminatory practice for a c e s k 23 person to refuse to sell, rent, assign, lease or sublease or eh a n b 24 offer for sale, rental, lease, assignment or sublease any u [» r housing accommodation or real property to any individual or to .228687.4t -h 20g -e l i refuse to negotiate for the sale, rental, lease, assignment or h r i s sublease of any housing accommodation or real property to an h , e h individual because of that individual's:

t u g e b l e e , gh (1) race, religion, color, national origin, n d d i = = o h ancestry, sex, sexual orientation, gender, gender identity, l ] b ,d i a º r pregnancy, childbirth, condition related to pregnancy or e r = t e w d m a n o childbirth, spousal affiliation or military status;

(2)d physicalm or: mental disability;

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 21 - e a n e d r e l u [ A d (2) physical or mental disability;

It is an unlawful discriminatory practice for a person to discriminate against an individual in the terms, e t 17 conditions or privileges of the sale, rental, assignment, lease w l n d 18 or sublease of a housing accommodation or real property or in = = 19 a l the provision of facilities or services in connection therewith i a e r 20 because of that individual's:

a t m m 21 (1) race, religion, color, national origin, d r e 22 ancestry, sex, sexual orientation, gender, gender identity, c e s k 23 pregnancy, childbirth, condition related to pregnancy or eh a n b 24 childbirth, spousal affiliation or military status;

u [» r (2) physical or mental disability;

provided .228687.4t -h 21g -e l i that the physical or mental disability is unrelated to the h r i s individual's ability to acquire or rent and maintain particular h , e h real property or housing accommodation;

or t u g e b l e e , gh (3) source of income;

provided that the use of n d d i = = o h an invalid screening process shall be evidence of a source of l ] b ,d i a º r income discriminatory practice.

e r = t e w d m a n o D.

It is an unlawful discriminatory practice for a persond tom 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 an individual's:

b r e t 17º (1)o race,t religion,n color,= national.228687.4AIC origin,March w14, l2025 (2:25pm) s k m e - 22 - e a n e d 18r ancestry,e sex,l sexualu orientation,[ gender,A genderd identity,person =to =print, 19circulate, adisplay lor pregnancy,mail childbirth,or conditioncause relatedto 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 pregnancymake any record or iinquiry aregarding ethe rprospective 20purchase, childbirth,rental, spousallease, affiliationassignment or militarysublease status;of any housing accommodation or real property that expresses any preference, limitation or discrimination as to an individual's:

a(1) trace, mreligion, mcolor, 21national (2)origin, physicalancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth, condition related to pregnancy or mentalchildbirth, disability;spousal affiliation or military status;

provided(2) d r e 22 that the physical or mental disabilitydisability; is unrelated to an c e s k 23 individual's ability to acquire or rent and maintain particular e a n b 24 real property or housing accommodation;

provided that the physical or umental [disability (3)is sourceunrelated ofto income;an individual's ability to acquire or rent and maintain particular h real property or housing accommodation;

providedor thatu the» user of(3) .228687.4 - 22 - an invalid screening process shall be evidence of a source of incomeincome; discriminatory practice.

E.provided that the use of t h g e l i an invalid screening process shall be evidence of a source of h r i s income discriminatory practice.

Ith is, ane unlawfulh discriminatoryE. practice for a person to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or real property to:

(1)It consideris thean race,unlawful religion,discriminatory color,practice nationalfor origin,a ancestry,t sex,u sexualg orientation,e gender,b genderl identity,e pregnancy,e childbirth, orgh conditionperson related to pregnancywhom orapplication childbirth,is spousalmade affiliationfor orfinancial physicalassistance orfor mentaln disabilityd ofd ani individual= in= theo granting,h withholding,the extending,acquisition, modifyingconstruction, orrehabilitation, renewingrepair or inl the] fixingb of,d thei rates,a terms,º conditionsr ormaintenance provisions of any financialhousing assistanceaccommodation or inreal theproperty extensionto: of services in connection with the request for financial assistance;

ore (2)r use= anyt form of application for financial e t 17 assistance or to make any record or inquiry in connection with w l n d 18m applications for financial assistance that expresses, directly = = 19 a ln oro indirectly,(1) anyconsider limitation,the specification or discrimination i a e r 20 as to race, religion, color, nationald origin, ancestry, sex, a t m m: 21 sexual orientation, gender, gender identity, pregnancy, d r e 22 childbirth or condition related to pregnancy or childbirth, c e s k 23 spousal affiliation, military status, source of income or e a n b 24 physical or mental disability.

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 23 - e a n e d r e l u [ F.A d 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 of an individual in the granting, withholding, extending, modifying or renewing or in the fixing of the rates, terms, conditions or provisions of any financial assistance or in the extension of services in connection with the request for financial assistance;

Aor complaint(2) alleginguse anany unlawfulform discriminatoryof .228687.4application -for 23financial -assistance practiceor to make any record or inquiry in violationconnection with applications for financial assistance that expresses, directly or indirectly, any limitation, specification 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, STBTCº military status,»STBTC source of thish section:income or physical or mental disability.

(1)u shall» ber filedF. with the attorney general.

TheA complaint shallalleging bean writtenunlawful anddiscriminatory shallt stateh theg namee andl addressi ofpractice the person alleged to have engaged in theviolation discriminatoryof practice.this section:

Uponh receiptr ofi as complaint,(1) the attorney general shall reviewbe thefiled complaintwith to ensure the alleged discriminatory practice falls within the scope of this section, and if so, the attorney generalgeneral. shall conduct an investigation and determine any further action as provided in this section;

h , e h The complaint shall be written and shall state the name and t u g e b l e e , gh address of the person alleged to have engaged in the n d d i = = o h discriminatory practice.

Upon receipt of a complaint, the l ] b ,d i a º r attorney general shall review the complaint to ensure the e r = t e w d m a n o alleged discriminatory practice falls within the scope of this d m :

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 24 - e a n e d r e l u [ A d section, and if so, the attorney general shall conduct an investigation and determine any further action as provided in this section;

The action may be e t 17 brought in the district court of the county in which the person w l n d 18 alleged to have violated that act resides or in which the = = 19 a l person's principal place of business is located.

The attorney i a e r 20 general shall not be required to post bond when seeking a a t m m 21 temporary or permanent injunction in the civil action.

d r e 22 G.

The attorney general shall have the authority to c e s k 23 investigate a complaint pursuant to this section and may:

eh a n b 24 (1) request and review relevant documents, ug [o t hr records or communications from any person alleged to have .228687.4g -e 24i -k engaged in discriminatory practices;

h r i s (2) issue subpoenas to compel the production h , t, of evidence or testimony necessary for the investigation;

e u g e b l e e h (3) conduct interviews or depositions of n d d i = = o h individuals with knowledge of the alleged discriminatory l ] b ,d i a º e practices;

(4)r initiatei civil= proceedingsr int ae courtw ofd competentm jurisdictiona ton enforceo compliance(4) withinitiate the provisions of this section and seek appropriate remedies, including injunctive relief, civil penaltiesproceedings orin othera equitablecourt reliefof asd deemedm necessary;:

b e d s º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 25 - e a n e d r e l u [ A d competent jurisdiction to enforce compliance with the provisions of this section and seek appropriate remedies, including injunctive relief, civil penalties or other equitable relief as deemed necessary;

In a civil action brought under this section, if a court finds that a person willfully committed an act in violation of this section, the attorney general may seek to e t 17 recover a civil penalty not to exceed five thousand dollars w l n d 18 ($5,000) per violation, in addition to any equitable relief = = 19 a l imposed by the court.

i a e r 20 I.

The attorney general may, in addition to or as a t m m 21 an alternative to pursuing a civil action as provided in this d r e 22 section, pursue criminal charges against a person for an c e s k 23 alleged violation of this section under the applicable eh a n b 24 provisions of the Criminal Code.

Venue for any criminal action u [» r shall be in the judicial district where the violation .228687.4occurred. - 25 - occurred." SECTION 6.

t h g e l i Hfl2º "»Hfl2 h r i s Hfl2ºJ.

Nothing in this section shall require a h , e h person to repair or improve a housing accommodation or real t u g e b l e e , gh property to meet specific housing quality standards established n d d i = = o h by a federal, state or local assistance program for which l ] b ,d i a º r participation is not mandated by federal, state or local law.

e r = t e w d m a n o It shall not be considered an unlawful discriminatory practice d m :

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 26 - e a n e d r e l u [ A d for a person to maintain a housing accommodation or real property that does not meet specific housing quality standards established by a federal, state or local assistance program for which participation is not mandated by federal, state or local law."»Hfl2 SECTION 6.

Except for a complaint alleging a public accommodation or a publicHCPACºpublic»HCPAC housing accommodation violation, as provided in Section 28-1-7.3 NMSA 1978, a person claiming to be aggrieved by an unlawful discriminatory practice and a member of the commission who has reason to believe that discrimination has occurred may file with the human rights bureau of the labor relations division of the [labor] workforce h solutions department a written complaint that shall state the u » r name and address of the person alleged to have engaged in the t h g e l i discriminatory practice, all information relating to the h r i s discriminatory practice and any other information that may be eh t, 17e h required by the commission.

All complaints shall be filed with wt u g e b l ne de 18, gh the division within three hundred days after the alleged act n d d i = = 19o ah l was committed.

l ] b ,d i a eº r 20 B.

The director shall advise the respondent that a ae r = t me w d m 21a n o complaint has been filed against the respondent and shall d rm e: 22 furnish the respondent with a copy of the complaint.

Theb cr e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k 23m directore shall- promptly27 investigate- e a n e d r e l u [ A d furnish the allegedrespondent act.with a copy of the complaint.

IfThe the e a n b 24 director determines that the complaint lacks probable cause, u [ the director shall dismisspromptly theinvestigate complaint and notify the .228687.4alleged -act. 26 - complainant and respondent of the dismissal.

If the director determines that the complaint lacks probable cause, the director shall dismiss the complaint and notify the complainant and respondent of the dismissal.

An officer or employee of the [labor][labor ] workforce solutions department who makes public in any manner information h in violation of this subsection is guilty of a misdemeanor and g o t hr upon conviction shall be fined not more than one thousand g e i k dollars ($1,000) or imprisoned not more than one year.

h r i s D.

A person who has filed a complaint with the eh t, 17t, [human rights division]division ] bureau may request and shall receive an we u g e b l ne de 18h order of nondetermination from the director without delay after n d d i = = 19o ah l the division's receipt of the complaint and in jointly filed l ] b ,d i a eº re 20 cases, after the federal complaint has been closed.

The order ar i = r t me w d m 21a n o of nondetermination may be appealed pursuant to the provisions d rm e: 22 of Section 28-1-13 NMSA 1978.

cb e d s º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k 23m E.e - 28 - e a n e d r e l u [ A d of Section 28-1-13 NMSA 1978.

InE. the case of a complaint filed by or on behalf e a n b 24 of a person who has an urgent medical condition and has u [ notified the director in writing of the test results, the .228687.4 - 27 - director shall make the determination whether probable cause exists for the complaint and shall attempt any conciliation efforts within ninety days of the filing of the written complaint or notification, whichever occurs last.

In the case of a complaint filed by or on behalf of a person who has an urgent medical condition and has notified the director in writing of the test results, the director shall make the determination whether probable cause exists for the complaint and shall attempt any conciliation efforts within ninety days of the filing of the written complaint or notification, whichever occurs last.

If conciliation fails or if, in the opinion of the director, informal conference cannot result in conciliation and the complainant has not requested a waiver of right to hearing pursuant to the provisions of Subsection J of this section, the commission shall issue a written complaint in its own name against the respondent, except that in the case of a complaint filed by or on behalf of a person who has an urgent medical condition, who has notified the director in writing of h the test results and who so elects, the director shall issue an u » r order of nondetermination, which may be appealed pursuant to t h g e l i the provisions of Section 28-1-13 NMSA 1978.

The complaint h r i s shall set forth the alleged discriminatory practice, the eh t, 17e h secretary's [regulation][regulation ] rule or the section of the Human wt u g e b l ne de 18, gh Rights Act alleged to have been violated and the relief n d d i = = 19o ah l requested.

The complaint shall require the respondent to l ] b ,d i a eº r 20 answer the allegations of the complaint at a hearing before the ae r = t me w d m 21a n o commission or hearing officer and shall specify the date, time d rm e: 22 and place of the hearing.

Theb hearingr datee shallt notº beo moret cn e= .228687.4AIC March 14, 2025 (2:25pm) s k 23m thane fifteen- or29 less- thane tena daysn aftere serviced ofr the e al nu b[ 24A complaint.d and place of the hearing.

The complainthearing date shall not be servedmore onthan thefifteen respondentor uless [than personallyten ordays byafter registeredservice mail,of returnthe receiptcomplaint. requested.

.228687.4 - 28 - The hearingcomplaint shall be heldserved inon the county where the respondent ispersonally doing business or theby allegedregistered discriminatorymail, practicereturn occurred.receipt requested.

The hearing shall be held in the county where the respondent is doing business or the alleged discriminatory practice occurred.

Upon the commission's petition, the district court of the county where the respondent is doing business or h the alleged discriminatory practice occurred may grant g o t hr injunctive relief pending hearing by the commission or pending g e i k judicial review of an order of the commission so as to preserve h r i s the status quo or to ensure that the commission's order as eh t, 17t, issued will be effective.

The commission shall not be required we u g e b l ne de 18h to post a bond.

n d d i = = 19o ah l I.

For purposes of this section, "urgent medical l ] b ,d i a º e r 20 condition" means any medical condition as defined by an ar i = r t me w d m 21a n o appropriate medical authority through documentation or by d rm e: 22 direct witness of a clearly visible disablement that poses a c e s k 23 serious threat to the life of the person with the medical e a n b 24 condition.

b e d s º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e - 30 - e a n e d r e l u [ J.A d direct witness of a clearly visible disablement that poses a serious threat to the life of the person with the medical condition.

TheJ. complainant may seek a trial de novo in the .228687.4 - 29 - district court in lieu of a hearing before the commission, provided the complainant requests from the director, in writing, a waiver of complainant's right to hearing within sixty days of service of written notice of a probable cause determination by the director.

The complainant may seek a trial de novo in the district court in lieu of a hearing before the commission, provided the complainant requests from the director, in writing, a waiver of complainant's right to hearing within sixty days of service of written notice of a probable cause determination by the director.

Issuance of the notice shall be deemed a final order of the commission for the purpose of appeal pursuant to Section 28-1-13 NMSA 1978." h SECTION 7.

EFFECTIVE DATE.--The effective date of the u » r provisions of this act is July 1, 2025.

t h g e l i - 3031 - h r i s h , e h t 17u wg e b l e e , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .228687.4

b r e t º o t n = .228687.4AIC March 14, 2025 (2:25pm) s k m e e a n e d r e l u [ A d